There are three cases in this month’s service charge and estate management update. Find the full article by clicking on the case reference:
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.
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.
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.