Service Charges & Estate Management Update – January 2017

There are four cases in this month’s update, provided by Katie Gray and Diane Doliveux:

Avon Freeholds Limited v Alexander Garnier [2016] UKUT 477 (LC)

Whether a tenant had been under duress and had not ‘agreed’ to pay an administration charge.

Bucklitsch v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC)

Conditions precedent, abuse of process, estoppel and waiver.

East Tower Apartments Limited v No.1 West India Quay (Residential) Limited [2016] UKUT 0553 (LC)

Costs incurred by a headlessee in providing energy to flats held on individual underleases were recoverable in circumstances where the systems for metering energy use had malfunctioned.

London Borough of Southwark v Proktor [2016] UKUT 0504 (LC)

The failure to include the cost of the major works did not invalidate a demand for an estimated service charge.