Nogueira V Westminster City Council LRX/126/2013

01 Jan 2018


FTT dispute regarding service charges involving 37 Applicants and works of in the region of £40m. FTT decided in favour of the Respondents on the basis of an undertaking by it to carry out further works. Appeal to the Upper Tribunal (Lands Chamber) on the ground (inter alia) that the FTT had no jurisdiction to accept an undertaking, such undertaking was unenforceable, in any events its terms were too vague, and that in accepting it the FTT had abdicated its function. The appeal was successful. The UT gave guidance that where an FTT considered that works were not completed to a reasonable standard, it should quantify the reduction in charges applicable, rather than accept any undertaking to carry out remedial works.