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The grounds of appeal
The grounds of appeal
The three grounds of appeal for which the FTT granted permission were:
That it had been wrong to find that it did not have jurisdiction to vary the leases to provide for the recovery of legal costs as an administration charge.
That it had failed to take account of relevant considerations and had misapplied the law when it decided that, if it had had jurisdiction, it would not have varied the leases to provide for the recovery of legal expenses as an administration charge.
That it had failed to take account of relevant considerations and had misapplied the law when it refused to vary the leases to provide for the recovery of legal costs as a service charge.
- 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