‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’
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Nearly Legal, 28th June 2018
Source: nearlylegal.co.uk
