(1) Mrs Maries Jean-Paul (2) Ms Jenny Jean-Paul v The Mayor and Burgesses of The London Borough of Southwark
Decision date: 9 May 2011
Neutral citation: [2011] UKUT 178 (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 letters sent in 2005–06 by Southwark Council satisfied the section 20B(2) Landlord and Tenant Act 1985 requirement to notify tenants that costs for major works had been incurred and would be recoverable as service charges. The Upper Tribunal upheld the LVT, finding the letters, read in context, did notify tenants even though the quoted sum was an earlier estimate, and dismissed the tenants' challenge on that point. The UT also held that for section 20B "costs incurred" means costs actually paid (incurred by payment), so payments made in March 2006/2007 might fall outside the 18‑month window and must be deducted if so.
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 written request for payment will satisfy s.20B(2) if, read in context, it notifies tenants that works are being carried out and that they will be required to contribute, even where the amount stated is an earlier estimate; and, for s.20B purposes, "costs incurred" are to be treated as costs actually paid (incurred by payment) rather than merely the date liability arises.
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 judgment indicates that overstating the notified amount does not necessarily defeat the statutory notification function of s.20B(2). It also comments (not determinative here) that requests for advance payments under a lease may raise different considerations for s.20B.