- Council overcharges tenants for water and sewage services (Kingston-upon-Thames v Moss)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The Court of Appeal has ruled that Kingston Council has been reselling water to thousands of its tenants, owing to an agreement Kingston made with Thames Water. The question for the court was whether Thames Water was supplying water and sewage services to Kingston or to Kingston’s tenants. The court concluded there was no real doubt that the supply was to Kingston, with the effect that Kingston was therefore reselling to its tenants. This meant that the amount it could charge under the legislation was capped, with the consequence that the council had been overcharging its tenants, including Mr Moss. It is not yet known whether Kingston will seek to appeal to the Supreme Court or will come to an arrangement with its tenants. The consequences are likely to be expensive and may impact on other councils and housing associations. Written by David Nicholls, barrister, at Landmark Chambers.
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