In Moorjani v Ivor Court Freehold Ltd (30 July 2019), the High Court held that a leaseholder who had unsuccessfully challenged his service charges in the FTT by raising a “historic neglect” claim (i.e. a claim that the landlord was in breach of his repairing covenants so that, when major works were finally carried out, they cost more than they would have done if the landlord had performed his covenants at the appropriate time, so that the resulting “uplift” on the service charge was not payable by the leaseholder) could not subsequently maintain a disrepair claim in the High Court. The FTT has jurisdiction to determine such matters and had found against the leaseholder. It was an abuse of process to attempt to relitigate the matter.
Justin Bates acted for the freehold company in both the FTT and the High Court.