Regular readers of this blog will have read our comments on (in our view) a fairly poor example of service charge management by an RSL, entitled On the Naughty Step. To my surprise the RSL in question — Stadium Housing — have decided to appeal the decision.
This should prove interesting as they appear (so my information goes) to be appealing against
- the refusal by the chair of the LVT to recuse himself because he is a member of the Housing Law Practitioners Association
- the application of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1991/2083)
- the refusal by the LVT to estimate (one might say “invent”) service charges where there was no evidence as to what, in fact, had been spent
The first ground will be of particular interest as many LVT’s have one or more HLPA members on the panel. The idea that such membership should normally require recusal would have far reaching consequences. The other two grounds of appeal may also produce interesting comment from the Lands Tribunal.
Doubtless the decision on appeal — when it comes — will be blogged here.