Conclusions
Disposal
For these reasons the appeal is allowed and I will make an order varying the leases of all leaseholders in the manner specified at [148] above. I will also make an order under section 20C, as indicated at [146] above. I invite the parties to agree and submit an appropriate form of order.
Martin Rodger KC,
Deputy Chamber President
17 March 2025
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.
Respondents supportive of the appeal
CARL, WENDY AND RYAN PERRY
ALAN BARTON
MAJID ALIMADADIAN
MERLADONA LIMITED
PAUL GRAHAM AND WENDY PATRICIA ARCHIBALD
FRANCO COSTARIOL AND BRUNA PICCIN
KA KA TAN
QINGHUI HUA
Respondents opposed to the appeal
JEREMY POLTURAK
ROBERT DAVIES
- Heading
- Introduction
- The background facts
- The application
- The statutory provisions
- An overview of sections 35 and 38
- The FTT’s decision
- The grounds of appeal
- Issue 1 – Did the FTT have jurisdiction to vary the leases to provide for the recovery of legal costs as an administration charge?
- Issue 2 – Was the FTT entitled, for the reasons it gave, to refuse to vary the leases to provide for the recovery of legal expenses from the leaseholder in default?
- Issue 3 – Was the FTT entitled, for the reasons it gave, to refuse to vary the leases to provide for the recovery of legal expenses from all leaseholders as a service charge?
- Consequences
- Remaking the decision
- Conclusions
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