Phillps and Others v Francis and Another: QBD 24 Mar 2010

‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which the claimants have. I am invited to determine, as a preliminary issue, whether the matter is properly before me sitting as a deputy judge of the High Court of Justice or whether the matter is governed by the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985, as amended by the Landlord and Tenant Act 1987, in which event, as a result of amendments made by the Housing Act 1996, disputes over service charges should be addressed to a Leasehold Valuation Tribunal from whose decisions an appeal lies to the Lands Tribunal.’

Judges:

Griggs J

Citations:

[2010] EWHC B28 (QB), [2010] 2 EGLR 31, [2010] 24 EG 118, [2010] L and TR 28

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction, Landlord and Tenant

Updated: 07 December 2022; Ref: scu.427036