The Landmark Listen Podcast

The Landmark Listen: Property Law Podcast - Aviva Investors Ground Rent Ltd v Williams [2023] UKSC 6

Landmark barristers sum up the key issues in the case of Aviva v Williams which was heard by the Supreme Court in December 2022. Since this video was recorded, the Supreme Court handed down judgment on 8 February 2023, concluding that the role of the First Tier Tribunal (“FTT”) in considering the reapportionment of residential service charges is limited to a review of the contractual legitimacy of the landlord’s reapportionment and the FTT is not to determine the apportionment for itself.

What is the scope of the tribunal’s jurisdiction when it comes to apportioning residential service charges? This case has a focus on Landlord and Tenant Act 1985 in particular, 27A6 which states:
(6)  An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—
(a)  in a particular manner, or
(b)  on particular evidence,
of any question which may be the subject of an application under subsection (1) or (3).

Simon Allison and Brooke Lyne represented the successful landlord, with Justin Bates and Rupert Cohen represented the intervener.

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