One of the issues addressed by the recent decision of (1) Union Pension Trustees Ltd, (2) Mr Paul Bliss v Mrs Maureen Slavin [2015] UKUT 0103 (LC)
Work was undertaken to a small block of flats by a contractor who was also a leaseholder of one of the flats. One of the other leaseholders disputed an amount of over £38,000 for major works that was added to the service charge account.
At a First-tier Tribunal (Property Chamber) (“the Tribunal”) hearing a valid invoice could not be produced relating to this amount. The closest document made available was a statement of works on which had been written various manuscript annotations including the heading “Invoice”.
The Tribunal disallowed the whole claim and so had not proceeded to consider the leaseholder’s arguments concerning the adequacy of the works.
The Upper Tribunal allowed the landlord’s appeal. Work had been undertaken and this was beyond dispute and the Tribunal had previously decided that the contractor’s tender was a reasonable one. The Upper Tribunal considered the Tribunal should have allowed other evidence as to what had been paid.
Accordingly the matter should be sent back to the Tribunal which would also have to consider the leaseholder’s contentions that, in view of the standard of work, the cost had not been reasonably incurred.
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