LT (LRX/65/2005), 16 December 2005. Concerns whether the procedural requirements of an underlease had been complied with by a landlord seeking to recover as part of its service charge its costs of resisting an application by a tenant under the Landlord and Tenant Act 1987 s34. Appeal by C against a LVT decision that an item claimed as a service charge was not payable by S. S's application to the tribunal for the appointment of a manager under s34 of the Act was dismissed and C claimed the costs of resisting the application as part of its service charge. The LVT held that: C had not established a contractual entitlement to be paid service charges including the costs in question; recovery was barred under the Commonhold and Leasehold Reform Act 2002 Sched 12 para 10(4), and that the lease provisions relied on by C were unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999."Held": appeal dismissed. C had not complied with the procedural requirements of S's underlease when seeking to recover the costs of resisting an application under s34 of the 1987 Act. S had covenanted in their underlease to pay the building service charge percentage of the estimated building expenditure. Where there was a revision of that figure the tenant had to be notified in writing. S had only received a demand for a percentage of the costs of resisting their application.