- Reasonableness in leasehold service charge claims after summary judgment (Gell v 32 St John’s Road)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: Where the court has given summary judgment, or a defence has been struck out, on a money claim for residential leasehold service charges, is it still required, or able, to consider whether the charges claimed are reasonable in amount under section 19 Landlord and Tenant Act 1985 (LTA 1985)? The Court of Appeal considered the issue for the first time and held that a court should not and could not make a determination on the reasonableness of the charges, or refer the claim to the First-tier Tribunal (FTT) for such a determination, unless the issue of reasonableness was expressly pleaded in a defence. Written by Giles Peaker, partner at Anthony Gold Solicitors LLP.
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