Jurisdiction

LVT Jurisdiction Jun 7, 2010: By s.27A, Landlord and Tenant Act 1985, an application may be made to an LVT to determine, inter alia whether a service charge is payable and in what sum. A service charge is (s.18, 1985 Act) an amount payable by a tenant of a dwelling for services, repairs, maintenance, improvements, insurance or the landlord’s costs of management, the whole or part of which costs vary according to the costs incurred by the landlord in providing the same.

Edlington Properties v JH Fenner May 1, 2006: The claimant was the freehold owner of a site. It had concluded an agreement with the respondent where by the claimant agreed to build a factory on the land and the respondent agreed to lease the factory.

Dr. Gokcen v GM Property Investments Apr 24, 2006: The applicant applied for a determination of her liability to pay service charges which, she said, were artificially high due to previous neglect on the part of the landlord.

Raisbeck v Ernle Estates Ltd Apr 12, 2006: The applicant sought a determination of the reasonableness of administration charges demanded in respect of the preparation and service of a s146 Law of Property Act 1925 notice and interest claimed on arrears of service charges.

Jimenez v London Borough of Southwark Apr 10, 2006: The applicant applied under s27A Landlord and Tenant Act 1985 for a determination of the amount payable by way of service charges in respect of installing a new electricity mains and the associated professional fees.

Southend-on-Sea Borough Council v Skiggs and others Apr 5, 2006: The Lands Tribunal has confirmed that s27A Landlord and Tenant Act 1985 was inserted so as to give LVTâ€™s the jurisdiction to read and construe leases.

Raja, Pauley & Brown v M&M Savant Ltd Mar 8, 2006: The applicants alleged that the respondents had failed to comply with the s20 consultation requirements. The case concerned works before the 2002 reforms, and, hence the â€œoldâ€ requirements applied.

Metropolitan Housing Trust Ltd v Bartley Mar 7, 2006: This case was transferred to the LVT from the County Court. The respondentâ€™s property sat at the edge of the Moorland Estate and it benefited from such estate services as gas supply, cleaning, maintenance works and the like. The applicant was attempting to recover a sum of money for such works.

Canary Riverside v Schilling Feb 9, 2006: Dr & Mrs Schilling applied to the LVT for the appointment of a manager under s24 Landlord and Tenant Act 1987, together with a determination of the payability of service charges for the period 17 December 1999 to 31 March 2005.

Continental v White Feb 8, 2006: Mr. & Mrs White applied to the LVT for a determination that their service charges were not payable in respect of major works due to (a) the failure of the landlord to claim on an insurance policy and (b) the fact that he had delayed doing the major works for a number of years, with the result that the works were considerably more expensive once they were actually done.

Oakfern v Ruddy Feb 3, 2006: The tenant applied to the LVT under s27A Landlord and Tenant Act 1985 for a determination that certain of the freeholders costs had been unreasonably incurred.

Dixon v Westleigh Properties Ltd Jan 5, 2006: The LVT was asked to resolve the question of the admissibility of late evidence. The respondent had failed to comply with the directions and had served all its documents just a few days before the hearing. The applicant objected to their inclusion.

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