PLT Masthead 430

Masthead Local Govt - Property

Premium Jobs

Herts CC Feb 18 600 Static

Tower block leaseholders win case over proposed £50,000 service charges

A group of leaseholders in a tower block have won a court case brought against Oxford City Council over a £50,000 service charge.

The First-Tier Tribunal (Property Chamber) ruled that the service charge imposed on right-to-buy leaseholders under section 27A of the Landlord and Tenant Act 1985 was unreasonable.

Matthew Fraser of Landmark Chambers acted for the Oxford Tower Block Leaseholder Association. The set said the tribunal held almost all the items in the charge demanded were unreasonably incurred and not payable.

Only charges for lift works and external concrete repairs were accepted.

The tribunal found the council’s major refurbishment project, which cost nearly £4m plus design and management costs, went beyond what could reasonably fall within its covenant to maintain the building.

These works included new doors and windows for each flat, a new roof, new enclosed balconies, a new external cladding system, and a complete upgrade of the communal and individual flat fire safety systems.

Evidence from the association showed there was no evidence of actual disrepair that would justify such works under the covenant, and the leases in question did not allow the council to recover a service charge for improvements.

The decision is expected to be applied to a further four blocks of the same type in which similar works were performed and changes imposed.

An Oxford spokesperson said: “We are considering the judgement with our legal advisers and will respond in due course.”

Mark Smulian

Archive

Search more than 10,000 articles

Newsletter Subscription

* indicates required
Choose Newsletter(s) (tick all that apply)
 

Featured Events

Fixed term tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st October) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Succession & assignment of tenancies - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st August) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Public law defences to possession claims - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st May) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
Defending disrepair - Cornerstone Barristers

London

CPD Hours3 FeeEarly Bird offer £30+VAT (Until 1st April) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Square, London, WC1R 5JH More details to follow...
→ View listing
The Urban Regeneration Conference 2018 - Central Law Training

London

Exclusive Local Government Discount! With the UK population growing at the fastest rate for decades, there is an increasing focus on our national housing stock. Many inner-city areas suffer from high levels of unemployment and substandard social housing. ...
→ View listing
Understanding data protection (GDPR) and surveillance in social housing - Cornerstone Barristers

London

CPD Hours: 3 SpeakersEstelle Dehon, Matt Lewin and John Fitzsimons FeeEarly Bird offer £30+VAT (Until 1st March) / Standard Ticket £40 +VAT VenueCornerstone Barristers, 2-3 Gray's Inn Sqaure With the General Data Protection Regulation (GDPR...
→ View listing
HB Editorial Services Ltd 2016.