R(on the application of Daejan Properties Ltd) v London LVT
R(on the application of Daejan Properties Ltd) v London LVT
- 2001
- Estates Gazette Law Reports [2001] 43 EG 187-190(4) .
CA 12 July 2001. The appellant landlord (D) owned a block of flats let on long leases where leasees paid service charges. A number of leasees applied to the respondent London LVT under the Landlord and Tenant Act 1987 s19(2A) claiming that service charges had been unreasonable and excessive over a number of years. At a preliminary hearing, the LVT interpreted the phrase 'alleged to be payable' in s19(2A) to refer to charges paid but not agreed as well as to those outstanding. The LVT also found the limitation period of 12 years to be applicable in the case of service charges. D's application for judicial review of the LVT's decision was dismissed. D appealed. Appeal allowed on the grounds that the LVT's jurisdiction is restricted to unpaid service charges and that the Limitation Act 1980 has no application to applications to the LVT under the Landlord and Tenant Act 1987 s19. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/0F587CAFA3EE0EE180256A8B0036A64E?OpenDocument.
LIMITATION ACT 1980
LANDLORD AND TENANT ACT 1987
LEASEHOLD VALUATION TRIBUNAL
JURISDICTION
ALLEGED TO BE PAYABLE
SERVICE CHARGES
R V LONDON LVT EX P DAEJAN PROPERTIES LTD
R V LONDON LVT EX P DAEJAN PROPERTIES LTD
CA 12 July 2001. The appellant landlord (D) owned a block of flats let on long leases where leasees paid service charges. A number of leasees applied to the respondent London LVT under the Landlord and Tenant Act 1987 s19(2A) claiming that service charges had been unreasonable and excessive over a number of years. At a preliminary hearing, the LVT interpreted the phrase 'alleged to be payable' in s19(2A) to refer to charges paid but not agreed as well as to those outstanding. The LVT also found the limitation period of 12 years to be applicable in the case of service charges. D's application for judicial review of the LVT's decision was dismissed. D appealed. Appeal allowed on the grounds that the LVT's jurisdiction is restricted to unpaid service charges and that the Limitation Act 1980 has no application to applications to the LVT under the Landlord and Tenant Act 1987 s19. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/0F587CAFA3EE0EE180256A8B0036A64E?OpenDocument.
LIMITATION ACT 1980
LANDLORD AND TENANT ACT 1987
LEASEHOLD VALUATION TRIBUNAL
JURISDICTION
ALLEGED TO BE PAYABLE
SERVICE CHARGES
R V LONDON LVT EX P DAEJAN PROPERTIES LTD
R V LONDON LVT EX P DAEJAN PROPERTIES LTD