First Tier Tribunal Ref: GM/LON/00BJ/OCE/2018/003/005 AND 006
This was a collective enfranchisement claim for several blocks in an estate in the east end of London. The Estate was run by a management company which collected service charges from all the units to maintain the estate in the usual way. This group of lessees contended that the transfer of the freehold should grant them the same rights as they enjoyed under their leases, but that they should not have to pay any service charges because there is no provision for positive covenant in Schedule 7 of the Leasehold Reform, Housing and Urban Development Act 1993.
The Tribunal found that the easements could and should be granted on terms which made their enjoyment conditional on contribution to the service charges.
Tom Jefferies acts for the successful landlord.