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Dr Christopher John Schilling and Mrs Joan M. Schilling and others v Canary Riverside Development Pte Limited and others

Language: English Publication details: 2006Subject(s): Online resources: Summary: LT (LRX/26/2005; LRX/31/2005; LRX/47/2005), 6 December 2005. Concerns two service charge appeals against the decision of the LVT of the London Rent Assessment Panel issued on 11 January 2005. These appeals were heard at the same time as the related costs decision (LRX/65/2005, L135107). S challenged the LVT's decision on a vast range of service charge items. S also claimed that certain terms of their leases were unfair terms within the meaning of the Unfair Terms in Consumer Contract Regulations 1999 and were therefore not enforceable against them. "Held": appeal in respect of the burden of proof dismissed. The initial onus lies on the tenants (S) applying to the LVT claiming that the service charges were unreasonable, to produce some evidence to support their case. They cannot simply put the landlord to proof. The judge agreed with the landlord (C) that the terms of their leases in question were fair, disagreeing with the LVT's conclusions. C's submission that the LVT had no jurisdiction to decide service charge issues was also dismissed.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 135111-2001

LT (LRX/26/2005; LRX/31/2005; LRX/47/2005), 6 December 2005. Concerns two service charge appeals against the decision of the LVT of the London Rent Assessment Panel issued on 11 January 2005. These appeals were heard at the same time as the related costs decision (LRX/65/2005, L135107). S challenged the LVT's decision on a vast range of service charge items. S also claimed that certain terms of their leases were unfair terms within the meaning of the Unfair Terms in Consumer Contract Regulations 1999 and were therefore not enforceable against them. "Held": appeal in respect of the burden of proof dismissed. The initial onus lies on the tenants (S) applying to the LVT claiming that the service charges were unreasonable, to produce some evidence to support their case. They cannot simply put the landlord to proof. The judge agreed with the landlord (C) that the terms of their leases in question were fair, disagreeing with the LVT's conclusions. C's submission that the LVT had no jurisdiction to decide service charge issues was also dismissed.