000			02236cab a2200277 4500
001			##L135111
008			060925n2006 000 0 eng u
035			_a(Sirsi) u135111
041	0		_aeng
245	0	0	_aDr Christopher John Schilling and Mrs Joan M. Schilling and others v Canary Riverside Development Pte Limited and others
260			_c2006
520			_aLT (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.
650	2	4	_aSCHILLING AND SCHILLING V CANARY RIVERSIDE PTE LTD
650	2	4	_aYORKBROOK INVESTMENTS V BATTEN
650	2	4	_aNIMMO V ALEXANDER COWAN AND SONS LTD
650	2	4	_aARBRATH V NORTH EASTERN RAILWAY CO
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650	2	4	_aLANDLORD AND TENANT ACT 1985 S27A
650	2	4	_aLANDLORD AND TENANT ACT 1985 S19
650	2	4	_aROYAL BANK OF SCOTLAND V ETRIDGE
650	2	4	_aSCHILLING V CANARY RIVERSIDE DEVELOPMENT
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
856	4	0	_uhttps://www.landstribunal.gov.uk/aspx/view.aspx?id=341 _zView the judgment free of charge at www.landstribunal.gov.uk...
942			_n0
999			_c77784 _d77784