[2025] UKUT 173 (LC)

Fecha: 04-Jun-2025

Conclusions

Disposal

43.

For the reasons I have given the appeal is allowed on grounds 2, 3 and 4 but dismissed on ground 1. The additional charges payable by Ms Syed total £1,912.16.

44.

The FTT directed that Mr Webber reimburse the tribunal fees of £300 which Ms Syed had paid to bring her application. In the same way, Mr Webber is entitled to make an application for the reimbursement of the fees he has paid in bringing this appeal. He has succeeded in only part of the appeal but it would be fair for Ms Syed to pay at least part of those fees. Unless Ms Syed wishes to make submissions to the contrary, which she may do within 14 days, she will make a contribution of £300 by way of reimbursement of fees paid by Mr Webber.

45.

At the conclusion of the appeal Ms Syed expressed her frustration that the property continued to be managed in a chaotic manner either by Mr Webber or by managing agents selected and instructed by him. She anticipated a further application to the FTT under section 27A. I hope the parties will be able to avoid that as the sums about which they squabble so interminably are small and there is nothing to suggest that Mr Webber has tried to charge more than he was entitled to. His record keeping and his failure to adhere to statutory procedures were his undoing before the FTT. He would be well advised to put the management of the building in the hands of a competent professional managing agent with instructions to comply with the terms of the lease.

Martin Rodger KC,

Deputy Chamber President

4 June 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.