First Tier Tribunal cases relating to leasehold service charges

Similar documents
RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014

Residential Management Disputes. Natasha Rees, Emma Gosling, Yvonne Hills and Sarah Heatley 25 February 2016

Supporting Older People Conference

Helpsheet 16. Service Charges: Information for residents. What are service charges, and how do they work?

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013

expert surveyor reports T. W. LANDLES BSc (Hons) MRICS FNAEA MARLA

The Right to Manage A short guide

PROPERTY LITIGATION ASSOCIATION

LEASEHOLD MAJOR WORKS POLICY Responsible Officer Director of Customer Services

Residential Flat Lease Extensions Information for Leaseholders on Extending Your Lease

1. Introduction - 2 -

Recovery of costs in service charge disputes. Jonathan Upton, Tanfield Chambers

Section 20 Consultation for Private Landlords, Resident Management Companies and their Agents

A Leasehold Guide to Alterations for Flats

Leasehold Property - Lease Extensions

GUIDANCE FOR LANDOWNERS AND OCCUPIERS ON CONTRIBUTIONS TOWARDS PROFESSIONAL COSTS

Leasehold Management

Developed by LEASE and funded by the Welsh Government. MAJOR WORKS A guide for leaseholders of social landlords

LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services

Service Charges in a new Regulatory Framework

Laceys Guide To Right To Manage

Draft Fees Policy Licensing of Residential Park Homes Sites Consultation Document - February 2015

LANDLORDS TERMS AND CONDITIONS

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

Leasehold Management Brief

LETTING & MANAGMENT TERMS AND CONDITIONS

evonshires solicitors Leasehold Management Brief Issue 4

Tenancy Deposit Scheme for Landlords Membership Rules

IN THE MATTER OF THE TENANTS ASSOCIATIONS (PROVISIONS RELATING TO RECOGNITION AND PROVISION OF INFORMATION) (ENGLAND) REGULATIONS 2018 (SI 2018 NO

Useful Information for home owners. Service Charge Accounts

Enfranchisement and lease extension A short guide

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition)

Lease extensions a practical guide

CIH Home Ownership Developments in 2014/15. Justin Bates

The property is located in an established residential area well served by local amenities and readily accessible to local shops and amenities.

Chartered Surveyors Commercial Property Consultants. The Minimum Energy Efficiency Standards: A Guide for Commercial Property

Leasehold Reform Bill

a short guide to The Right to Manage

A guide to buying a property holding company instead of buying the property

Your property and compulsory purchase

subscribe here now! To access the Jacqui Joyce KEY This is a sample of the Landlord & Tenant Act 1954 Law Guide.

FACTORING AGREEMENT ARGYLL COMMUNITY HOUSING ASSOCIATION LIMITED

COLLECTIVE ENFRANCHISEMENT

The Basics of a Commercial Lease

CABINET REPORT. Abington Park Café: Proposed Lease and Licence Park Inn Hotel: Proposed Ground Lease Extension. 19 th October 2016 YES YES

Service Charge Guide

Property & Real Estate Team

Leaseholder Alterations and Improvement Request for Consent Form

Administration charges

HM COURTS AND TRIBUNALS SERVICE RESIDENTIAL PROPERTY TRIBUNAL SERVICE LEASEHOLD VALUATION TRIBUNAL MAN/00CVLAC/2012/0022

Your property and compulsory purchase

property management personal hassle free SOCIETY provide Site estate discuss experience Maintenance forward thinking professional VAST rent apartments

AICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership

STANDARD DEVELOPER WORKS ENTRY ONTO THIRD PARTY PROPERTY SEPTEMBER 2016 VERSION: 1.0

Introduction to Residential Tenancies (Amendment) Act 2015 and The Impact on Housing Associations

Tower Hamlets Homes. Disrepair Policy. Implementation Date 30 April 2018 Dean Davies, Repairs Area Manager

Property Form. for the Suffolk Life SIPP and MasterSIPP

Regeneration estates essential major works programme: discounted resident leaseholder charges Cabinet Member for Housing

Rent Setting Policy

Plain English guide to your lease

Service Level Agreement

APARTMENT OWNERSHIP UNDER THE MULTI- UNIT DEVELOPMENTS (MUD) ACT 2011 AN OVERVIEW

Landowner's rights. When the Crown requires your land for a public work. April 2010

Insert name (s): (the Tenant) and (the Guarantor) undertake and warrant to the State that they will comply with the following terms and conditions:

3. Income from House Property

OUR APPROACH AND ETHOS TO A PROFESSIONAL PROPERTY MANAGEMENT & SURVEYING SERVICE

STANDARD TERMS OF ENGAGEMENT FREEHOLD SALE

LTN 82 COMPULSORY PURCHASE ORDERS

Property administration overview and risk warning notice

MANUFACTURED HOME PARK TENANCY ACT

MFRS Hot Topics. Onerous operating leases

The 18 Month Rule and Billing

A Mobile Homes & Caravan Parks Factsheet for You

Your property and compulsory purchase

Mark Loveday. Tanfield Chambers, 2-5 Warwick Court, London, WC1R 5DJ T: +44 (0) E:

Victor P. Leginsky Chartered Arbitrator

Statement of principles for determining financial penalties

What is the Tenancy Deposit Scheme?

Leaseholder Guide to Rights and Responsibilities

Leasehold Management Policy

Decent Homes General Information

A NEW TENANT LAW. Suggested Changes to Current Tenant Law in Ontario

Minimum Energy Efficiency Standards Fact Sheet The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduce measures

The Landlord s Perspective M L G U I D E M I C H A E L L E V E R

La w of forfeiture faced with radical reform An overview of the Landlord and Tenant (Termination of Tenancies) Bill

Section 9 after Pattle

LEASEHOLD PROPERTY CLIENT GUIDE

WHAT CAN BE ACQUIRED? Heather Sargent and Tom Jefferies

SHEPHERDS BUSH HOUSING ASSOCIATION LEASE EXTENSION POLICY

TECHNICAL RELEASE RESIDENTIAL SERVICE CHARGE ACCOUNTS

Page 1 of 5. Name of Firm:

TORONTO MUNICIPAL CODE CHAPTER 797, TENANT SUPPORT GRANT PROGRAM. Chapter 797 TENANT SUPPORT GRANT PROGRAM

LETTINGS & MANAGEMENT

2.1 The Independent Expert valuer s charges will be in accordance with the following table. VAT will require adding to the charges quoted here.

Plain English guide to your lease

ADVICE NOTE MANAGEMENT FEES. A summary of good practice when it comes to management fees charged by your agent

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

Property Guide. Strong partnerships, better results DECEMBER Property Guide Ref: 12/16 Page 1 of 17

Lease extensions for flats

CONDITIONS OF PURCHASE (GOODS AND SERVICES) DOMESTIC AND INTERNATIONAL

Transcription:

Housing and Adult Social Services 7 Newington Barrow Way, N7 7EP Report of: Corporate Director of Housing and Adult Social Services Meeting of: Date Agenda item Ward(s) Housing Scrutiny Committee All Delete as appropriate Non-exempt SUBJECT: First Tier Tribunal cases relating to leasehold service charges 1. Synopsis 1.1 This report updates the Housing Scrutiny Panel with information about the First Tier Tribunal (previously known as the Leasehold Valuation Tribunal) and tribunal cases involving Islington Council leaseholders. 2. Recommendation 2.1 That the committee note the contents of the report. 3. Jurisdiction of the First Tier Tribunal 3.1 3.2 3.3 3.4 On 1 July 2013 the First-tier Tribunal (Property Chamber) (known as FTT ) replaced the Leasehold Valuation Tribunal (LVT) as the statutory tribunal in England which determines various types of landlord and tenant disputes involving residential property. Amongst other things, the FTT can determine a leaseholder s liability to pay a service charge under the terms of their lease. The FTT can decide by whom, to whom, how much and when a service charge is payable. A service charge is defined in Section 18 of the Landlord & Tenant Act 1985, as an amount payable by a leaseholder as part of or in addition to the rent which is payable, directly or indirectly, for services, repairs, maintenance, improvements, insurance or the landlord s costs of management, and the whole or part of which varies or may vary according to the relevant costs. A service charge is only payable insofar as it is reasonable. So in deciding liability, a tribunal also had to decide whether service charge costs are reasonable, and whether the standard of any or services for which the costs are charged are reasonable. Page 1 of 5

3.5 There is no simple definition of reasonable and it is for the FTT to determine the issues according to the evidence before them. However, in determining reasonableness some of the issues raised are: Whether the or services are necessary Whether the original specification for the or service were adequate The procedures for costing the or services Arrangements for controlling costs Whether the standard of the or services is appropriate Arrangements for monitoring service delivery The reasonable amount for the leaseholder to pay as an interim charge Whether or services are chargeable under the terms of a lease 4. The Tribunal process 4.1 4.2 4.3 4.4 4.5 5. Applications to the FTT can be made by landlords or by leaseholders either before or after service charge costs have been incurred. Where the council has taken legal action at the County Court to recover unpaid service charges and the leaseholder defends the claim, the County Court may also transfer the case to the FTT for a determination. The Application fee ranges from 65 up to 440 on a sliding scale depending on the value of the service charges in dispute. After an initial Case Management Conference which is chaired by a single chairperson, Directions are given for exchange of evidence and a Hearing date is set. At all times there is an opportunity to use the free mediation service provided at the FTT to try to settle the dispute. Notwithstanding mediation, it is open to both parties to try to negotiate a settlement prior to the Hearing. The decision making process at the FTT usually involves a panel of three people: a legally qualified chairperson sitting with a chartered surveyor and a lay member. Following the Hearing, a decision is normally given within six weeks. The FTT s decision is legally binding, but either party may seek permission to appeal the decision in part or in full or take the matter further to the Upper Tribunal. The council s Legal Services and Home Ownership departments lead on FTT cases, although significant input is often required from Property Services in cases where the necessity, cost or quality of major are challenged. FTT service charge cases relating to Islington Council Types of cases 5.1 5.2 5.3 Most of Islington Council s FTT cases relate to major service charges. These are ad hoc charges of over 250 per leaseholder (though charges can be considerably higher than this, i.e. 10,000+) which are usually for large one-off such as lift or communal heating replacement, or for cyclical repairs and maintenance. Leaseholders generally dispute their major charges at the FTT because there are underlying issues of affordability and/or concerns about value for money. They focus on the necessity, cost and/or quality of the. Some leaseholders have also disputed their liability to pay major service charges on the basis that they believe the council has failed to consult them about the in accordance with Section 20 of the Landlord and Tenant Act 1985 (as amended). Historically, tribunals would heavily penalise landlords for any minor breach of the consultation requirements. Although the council can apply for dispensation from the statutory consultation requirements, tribunals wouldn t grant dispensation and they would determine that the landlord couldn t recover any of the costs of the over the statutory limit of 250 from the leaseholder. A company called Landmark Leasehold Advisory Service Ltd (Landmark) were well known in London for using this legal loophole to seek to significantly reduce their clients major service charges. Page 2 of 5

5.4 5.5 5.6 5.7 However, following a Supreme Court ruling in 2013 in the case of Daejan Investments Limited v Benson & Others, this loophole has closed. The Supreme Court determined that the statutory consultation should not be regarded as an end in itself, but as a process to ensure that the resulting service charge is reasonable (i.e the work is necessary, and the cost and quality of the work is reasonable). As a result of this case, dispensation from the consultation requirements is now more likely to be granted by the FTT as the key issue they must consider is what relevant prejudice if any, the leaseholder suffered as a result of the landlord s breach of the consultation requirements. The factual burden of proving relevant prejudice rests with the leaseholder. Landmark continue to promote their services to Islington leaseholders and to other leaseholders in London, but their approach has changed slightly following the Daejan case - they are now focussing their challenges on the necessity of instead of trying to identify technical breaches of the consultation requirements. More recently, we have received some challenges related to the calculation methodology that we use and on the construction of individual leases. Occasionally, the council makes an application to the FTT. For example, in 2013 we proactively took a case about proposed to a communal heating system at Adams Place. There was a difference of opinion between the council and some leaseholders who would be affected by the proposed. We used this as a test case and the FTT agreed with us that the proposal to replace the communal heating system was reasonable. Number of cases 5.8 5.9 6. 6.1 6.2 6.3 7. Over the past three financial years we have averaged nine tribunal hearings/decisions per year. In 2013/14, the council issued annual service charge invoices of approximately 7.3m to 7,600 leaseholders and 2.55m of major work invoices to approximately 1,800 leaseholders. Since 1 April 2013, we have had nine FTT hearings / decisions regarding the reasonableness of service charges. These related to approximately 175,000 service charges which were only reduced by 6,600, a 3.8% reduction. Please refer to Appendix A for a summary of these cases. The council s approach to service charge disputes Where possible, we try to minimise the number of cases going to the FTT because the proceedings can take up a signficiant amount of staff time and resources. Officers try to address leaseholders concerns at an early stage and we have recently introduced a Leaseholder Challenge Procedure which provides a complaint mechanism for leaseholders to formally challenge their major invoices without the need to go straight to the FTT. Emphasis is also placed on internal partnership working between Home Ownership, Property Services and Legal Services to improve services generally and to minimise the number of future FTT cases. Identifying issues, pre-empting disputes and learning from previous tribunal cases was particularly important following the adverse and widely publicised Tremlett Grove tribunal decision in 2012. Conclusion 7.1 The number of First Tier Tribunal cases remains low in comparison to the number of service charge invoices raised each year, and the council has had reasonable success in achieving positive outcomes at FTT. Page 3 of 5

Final report clearance: Signed by: Corporate Director of Housing and Adult Social Services Date: Report Author: Doug Goldring, Director of Housing Operations Tel: 020 7527 4067 Email: doug.goldring@islington.gov.uk Page 4 of 5

Appendix A A summary of FTT hearings/decisions since 1 April 2013 regarding reasonableness of service charges Case Type of service charges Main challenges Outcome Amount in dispute Amount payable reduction % reduction Loreburn House Major - roof,window and Consultation, cost, quality FTT decision 10,071 10,071 0 0% brickwork repairs and associated Adams Place Major - communal heating Reasonableness of FTT decision 113,565 113,565 0 0% proposals, cost Buckmaster House Major - roof,window and Consultation, cost, quality FTT decision 8,985 8,985 0 0% brickwork repairs and associated Graham House Major - lift replacement Cost, whether chargeable FTT mediated settlement 6,477 4,865 1,612 25% under the terms of the lease Howell House Major - lift replacement Cost FTT mediated settlement 13,500 12,500 1,000 7% Holmbury House Major - lift replacement Cost, chargeable under FTT decision 13,618 13,486 132 1% lease, tender process Thornhill Houses Major - door entry Necessity, cost, terms of lease, consultation, quality Part-FTT mediated settlement; part determined by FTT. Leaseholder has appealed FTT decision to Upper Tribunal, awaiting hearing. 1,060 530 530 50% Thornhill Houses Major - repairs, redecorations and window repairs Necessity, cost, terms of lease, consultation, quality FTT mediated settlement 6,019 3,008 3,011 50% Morgan Mansions Annual service charges Cost, terms of lease FTT mediated settlement 1,200 900 300 25% Total 174,495 167,910 6,585 3.8% Page 5 of 5