[2025] UKUT 56 (LC)

Fecha: 17-Feb-2025

Conclusions

Disposal

62.

Had it not been for the FTT’s additional reason for deciding that none of the tenants is liable to contribute to the cost of services provided by the freeholder, it would have been necessary to remit the appeals of the category 2 and 3 tenants to the FTT for further consideration. NHG might then have been able to show what was included in the freeholder’s service charge when the agreements were first entered into, and how the aggregate charge was built up in each of the disputed years. But as the FTT determined that NHG had failed to substantiate the charges, and as there has been no challenge to that conclusion, there is no need to send the proceedings back to it.

63.

The liability of the tenants to contribute to the cost of services provided by the freeholder from 2015 to 2023 has now been settled. So too has the absence of liability on the part of the tenants with agreements which include the printed schedule to contribute to those costs in future. What has not been resolved is the liability of the tenants with category 2 or 3 agreements to contribute in future. That question must await agreement or determination on another occasion.

64.

For these reasons the appeal on issue 1 is dismissed and the appeal on issue 2 is allowed.

Martin Rodger KC,

Deputy Chamber President

17 February 2025

Respondents

Helal Uddin

Mohammed Rahman

Rahena Bibi

Suheli Begum

Jasmin Begum

Mohammed Ilyas

Shaifur Rahman

Amina Ibrahim

Muhammad Harun Miah

Khadja Mezzi

Julian Cleaver

Ayan Hussien

Shamsun Nehar

Abdul Basith

Fathama Begum

Noora Jama

Fatima Bencheikh

Rui Diogo

Nalone Diakiese

Sitara Begum

Abdul Motin

Hafida Jama

Nurra Mohammed

Moshaid Khan

Nicola Hewlett-Golding

Tota Miah

Hafa Abokar

Shamina Akhtar

Deoranee Bhagwan

Sultan Ali

Faisa Munye

Rachid Azarkhan

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.