Aviva Investors Ground Rent GP Ltd and another v Williams and others
[2023] UKSC 6
Mary Middleton & Anor v Karbon Homes Limited
14 August 2023
[2023] UKUT 206 (LC)
Upper Tribunal
Tenants challenged service charges. The court said the landlord could charge for services agreed upon initially, but not for services already provided without a prior separate charge. A separate complaint about missing paperwork wasn't properly raised and the money had already been paid anyway, so the tenants lost.
Key Facts
- •Appeal against a First-tier Tribunal (Property Chamber) decision concerning service charges for assured tenancies at Magdalene Court.
- •Dispute over the recoverability of service charges for services added since the commencement of tenancies.
- •Question of whether the landlord (Karbon Homes Ltd) complied with section 21B, Landlord and Tenant Act 1985, regarding service charge demands.
- •Issues regarding the apportionment of costs for various services, including fire alarm monitoring and warden call service.
Legal Principles
Landlord's entitlement to add charges for services not originally included in the service charge schedule.
Landlord and Tenant Act 1985
Interpretation of clauses in tenancy agreements concerning variation of services and service charges.
Tenancy Agreements (Magdalene Court)
Requirements for providing notice of tenants' statutory rights under section 21B, Landlord and Tenant Act 1985.
Landlord and Tenant Act 1985
Outcomes
Appeal dismissed.
The Upper Tribunal found that the landlord was generally entitled to charge for services included in the initial service charge estimate, but not for existing services reclassified and charged separately without proper consultation and notice under Clause 57. The Tribunal also found that the issue of non-compliance with section 21B was not properly raised by the tenants, and even if it was, the charges had already been paid.
Similar Cases
Assethold Limited v Nelio Patricio Teixeira Franco
[2022] UKUT 285 (LC)
Firstport Property Services Limited v Various Leaseholders of Switch House
[2023] UKUT 219 (LC)
Russell Stewart Lacy v Homeselect Finance (No.3) Limited
[2023] UKUT 231 (LC)
Dr Lellis Francis Braganza v The Riverside Group Limited
[2023] UKUT 243 (LC)