HARRY JOHNSON JUNE JOHNSON AND OTHERS v COUNTY BIDEFORD LTD
Decision date: 17 December 2012
Neutral citation: [2012] UKUT 457 (LC)
Overall AI summary confidence: medium
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: medium
Lessees appealed an LVT decision on service charges and whether earlier defective demands engaged the 18‑month limit in s20B of the Landlord and Tenant Act 1985; the landlord had served fresh demands in June 2011 after earlier demands omitted the landlord's name in breach of s47(1). The Upper Tribunal held the June 2011 demands validated the earlier defective demands for the purposes of s20B, so the lessees' s20B argument failed, and dismissed the landlord's cross‑appeal against a s20C order excluding the landlord's LVT costs as being within the tribunal’s discretion despite inadequate reasons.
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
A later valid demand that complies with s47(2) can validate and have retrospective effect in relation to earlier defective demands for the purposes of the s20B 18‑month limitation; and a tribunal’s decision under s20C to exclude landlord costs will be upheld where exclusion is plainly within its discretionary range even if the written reasons were brief or inadequate.
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 notes indicate observations that a demand sent by a management company can still be a demand for sums payable to the landlord, and that some contractual invalidities may be incapable of retrospective correction whereas statutory defects under s47 may be corrected by subsequent notice; these appear as obiter commentary rather than binding ratio.