[2025] UKUT 371 (LC)

This appeal against a decision of the First-tier Tribunal, Property Chamber (the FTT) concerns service charges payable by the appellant and his wife, John and Adenike Williams, to the London Borough of Hackney (the Council), under the lease of their home at Flat 5, Hensley Point in East London. It raises two issues about the interpretation of the lease. The FTT found for the Council on both issues but granted permission to appeal, saying that it had not found the issues easy.

Hensley Point is one of four blocks of flats known locally as “The Points” which were built at the same time and to the same design and which share a communal heating system. The Points are part of a much larger Estate belonging to the Council known as the Gascoyne Estate. The Gascoyne Estate occupies a wide area containing many discontiguous streets and parts of streets and includes a diverse variety of housing types including numerous blocks of different styles, sizes and ages as well as individual houses and maisonettes.

Under their lease of Flat 5, Mr and Mrs Williams agreed to pay “Management Charges” which were to comprise a proportion of the costs and expenses incurred by the Council in fulfilling its obligations under the lease. Those obligations include the provision of the usual services to Hensley Point itself, as well as services in respect of areas referred to as “the Reserved Property” and “the Estate”. The issues in the appeal concern the extent of the Estate and whether the Council has correctly interpreted and applied the terms of the lease when calculating the service charges claimed from Mr and Mrs Williams.

At the hearing of the appeal Mr Williams presented his case himself while the Council was represented by Mr Michael Paget. I am grateful to them both for their helpful submissions.