Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period of twelve years applied. On appeal the court said that the intention of the Act had been to widen the scope for such claims, and it would be unhelpful and unjustified to restrict the word ‘payable’ to future payments. It was not for the Tribunal to consider the limitation question.
Citations:
Gazette 12-Oct-2000, Times 20-Oct-2000
Statutes:
Landlord and Tenant Act 1985, Housing Act 1985, Housing Act 1996
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 11 May 2022; Ref: scu.87210