Service Charges & Estate Management Update – June 2017

There are three cases in this month’s service charge and estate management update:

Oliver v Sheffield City Council [2017] EWCA Civ 225

An important case which approved the decisions of the Upper Tribunal in Gater v Wellington Real Estate Limited [2014] UKUT 0561 (LC) and Windermere Marina Village Limited v Wild [2014] 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 [2017] 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 [2017] 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.