Service Charges & Estate Management Update – June 2017
2nd June 2017
There are three cases in this month’s service charge and estate management update:
Oliver v Sheffield City Council  EWCA Civ 225
An important case which approved the decisions of the Upper Tribunal in Gater v Wellington Real Estate Limited  UKUT 0561 (LC) and Windermere Marina Village Limited v Wild  UKUT 0163 (LC) that s.27A(6) of the 1985 Act renders void a service charge clause which provide a discretion to the lessor. James Fieldsend and Amanda Gourlay of Tanfield Chambers acted for the successful respondents.
Octagon Overseas Ltd & Others v Coates  UKUT 190 (LC)
The Upper Tribunal allowed an appeal against a decision of the FTT not to vary the terms of a management order in circumstances where some of the terms of that order put the freeholder in breach of its obligations to a third party under a loan agreement. Christopher Heather QC and Amanda Gourlay of Tanfield Chambers acted for the respondents.
Southwark LBC v Akhtar  UKUT 150 (LC)
The Upper Tribunal reversed decisions of the FTT in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.