Yesterday (26 February 2025) the Court of Appeal (Holroyde, Nugee & Stuart-Smith LJJ) dismissed the appeal from the Upper Tribunal in Plymouth Community Homes v Crisplane Ltd [2024] UKUT 15 (LC). Rawdon Crozier instructed by Charles Knapper (CWC Solicitors) appeared for the successful respondent tenant. Plymouth Community Homes had succeeded in recovering by way of service charges a contribution to the cost of roof replacements from the lessee of two flats in Plymouth in proceedings in the First-tier Tribunal. In 2024, Rawdon Crozier, who had not appeared below, succeeded in obtaining permission to appeal from the First-tier Tribunal and then in January 2025 reversing the decision before the Deputy President of the Upper Tribunal (Lands Chamber), Martin Rodger QC. The Court of Appeal endorsed the Deputy President's decision that the leases of neither flat permitted the recovery of those costs. The appellant landlord had sought to argue that the lease terms which had the effect of excluding recovery of the roofing costs was contrary to the provisions of Housing Act 1985, s.139 & Schedule 6 and, when the appellant had succeeded in obtaining permission to appeal to the Court of Appeal, Snowden LJ had noted that "The operation of paragraph 14 [of Sch 6] has not been considered in any other appellate decision, and the point has sufficient potential wider importance to justify a second appeal." The form of lease in the case was in widespread use in the sale of leaseholds of former council flats, sold under the Right to Buy legislation in the 1990s so the potential impact of the decision is considerable.
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