15th August 2017
It was ruled by HHJ Behrens that the First-tier Tribunal had breached the rules of natural justice by raising a point not taken by the leaseholder applicant, concerning compliance with section 20 procedures, and then refusing the landlord permission to adduce documentary evidence. This decision follows Ben’s previous successful appeals in Southern Land Securities v Hodge and Red Kite Community Housing v Robinson and is another example of a case where the FTT has been criticised for failing to conduct fair hearings of service charge applications under section 27A of the Landlord and Tenant Act 1985. The full decision can be read here.