Our Suffian Ali Hussain was successful in a Section 27 L&T Act 1985 application for a determination of liability to pay service charges before the First-tier Tribunal.
The Respondent argued that the Applicant’s decision to re-apportion service charges was deliberately calculated to benefit the Applicant and not in accordance with the Lease: (see [30] of the Judgment). Indeed, the Tribunal found that the Applicant applied different percentages for separate categories of cost, an approach which is not permissible under the Lease.
The Tribunal noted that this “…could in some circumstances provide a complete defence to the claim for payment”. Following a full-day hearing, Suffian’s submissions persuaded the Tribunal that notwithstanding the above, the Respondent was indeed liable for the service charges.”
You can find the Judgment here.
Suffian is developing a broad commercial chancery practice and welcomes instructions in all areas of Chambers’ work.