G & A Gorrara Limited v Kenilworth Court Block E RTM Co [2024] UKUT 81(LC)
Judgement dated 8th April 2024.
Jurisdiction of the FTT. Services charges were challenged which had been paid over several years. The Upper Tribunal considered the meaning of section 27A(5) of the Landlord and Tenant Act 1985 which provided that a tenant was not to be taken to having agreed or admitted any matter by reason “only of having made any payment”. The appeal was allowed. The Upper Tribunal held that the First Tier Tribunal’s jurisdiction was not limited under section 27A to making determinations about service charges that had already been demanded, but included making a decision about services charges not yet demanded relating to expenses which had not yet been incurred under section 27A(3). In this case a determination was sought under section 27A(1) about charges which were final not estimated but not yet demanded in respect of already incurred expenses. The Upper Tribunal concluded that the First Tier Tribunal had to decide what final service charges were payable from 2012 to 2020.
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