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18 January 2013
Issue: 7544 / Categories: Case law , Law reports , In Court
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Landlord & tenant—Service charge—Dwelling

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Phillips and another v Francis and another [2012] EWHC 3650 (Ch), [2012] All ER (D) 225 (Dec)

Chancery Division, Sir Andrew Morritt C, 21 December 2012

The amendments introduced by the Commonhold and Leasehold Reform Act 2002 to the scheme relating to service charges imposed by ss 20 and 20ZA of the Landlord and Tenant Act 1985 (LTA 1985) provide that identification of one or more sets of qualifying works is not required. The emphasis in the legislation has shifted from identifying and costing the works before they have started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.

Christopher Stoner QC and Rawdon Crozier (instructed by Fursdon Knapper) for the lessees. Jonathan Seitler QC and Jonathan Chew (instructed by Foot Anstey) for the lessors.

The proceedings concerned a holiday site comprising in excess of 150 chalets let on 999 year leases, 11 lodges and a number of other buildings, including an amenity

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