London Borough of Havering v Ms Bee A Smith
Decision date: 21 August 2012
Neutral citation: [2012] UKUT 295 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether a landlord was limited to service charge estimates given in a section 125 notice when major works were ultimately carried out partly outside the notice's reference period, and whether estoppel barred recovery above the notice amount. The Upper Tribunal held that section 125/125A does not guarantee works will occur within the reference period and does not itself cap charges for work done outside it, and that "straddling" apportionment is an acceptable apportionment method. However, on the facts the landlord was estopped from recovering more than the section 125 amount (with statutory inflation), so the tenant prevailed on that point and the appeal was dismissed.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
The binding ratio is that a section 125/125A notice obliges a landlord to state estimated service charges for a reference period but does not, by statutory construction, guarantee the works will be carried out within that period or operate as an absolute cap on charges for works falling outside it; where works span the reference period, apportionment by "straddling" (charging pro rata for the period within the reference period and in full for that outside it) is a permissible method, subject to its reasonable application.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal commented (obiter) that the statutory purpose of section 125/125A is to inform a prospective purchaser of likely liability during the reference period and that, separately, a lessor may be required on grounds of fairness to bear loss caused by its own delay in carrying out planned works — points about reasonableness and fairness in applying apportionment rather than statutory limits.