There is only one case in this month’s update: Avon Freeholds Limited v Alexander Garnier [2016] UKUT 477 (LC) which concerns whether a tenant had been under duress and had not ‘agreed’ to pay an administration charge.
No duress had been applied by a landlord on his tenant when the former sought retrospective consent for works undertaken to his property and payment was then demanded for the same. An explicit statement from the tenant that a payment was “fine” constituted an acceptance of the administration charge such that the First Tier Tribunal (Property Chamber) had had no jurisdiction to determine it.
Diane Doliveux discusses in more detail here.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
After years of talk on meaningful reform, will 2025 be the year that things begin to change?
