Cases - Gateway (Leeds) Management Ltd v (1) Bahareh Naghash (2) Iman Shamsizadeh
Record details
- Name
- Gateway (Leeds) Management Ltd v (1) Bahareh Naghash (2) Iman Shamsizadeh
- Date
- [2015]
- Citation
- UKUT 333 (LC)
- Legislation
- Keywords
- Service charges – interpretation – section 18 Landlord and Tenant Act 1985
- Summary
-
The appellant landlord appealed against the decision of the First-tier Tribunal’s decision that the respondents were entitled to a reduction in the service charges payable in respect of a gym, concierge and CCTV system. The appellant contended that the tribunal had no jurisdiction to consider the respondents’ challenges to the service charges because they were not variable service charges within the meaning of section 18 of the Landlord and Tenant Act 1985 ('the Act').
The cost of rent for premises to be used in connection with the provision of services was sufficiently connected to the provision of the service of a gym, management or concierge to be recoverable as a service charge within the meaning of section 18(3)(a) of the Act.
A service charge was an amount payable by a tenant, which could vary according to the costs incurred by the landlord. The fact that, for the time being, the costs incurred by the landlord were fixed was irrelevant. All that mattered was that the cost to the tenant could vary in accordance with the cost to the landlord.
The appeal was dismissed.