Dallas and others v Gleeson Homes

<p> This was a “normal” service charge dispute, but one particular point does merit attention. The applicant sought to invite the LVT to determine questions which had not been included on the application form. The respondent contended that the application was limited to the matters specified on the form and the questions posed as part of the Directions. <br> The LVT disagreed – the jurisdiction to determine cases came from the terms of s.19 and s.27A Landlord and Tenant Act 1985. The Directions were made in order to assist with the process but did not, in any way, limit the jurisdiction of the LVT. The application was allowed to proceed. <br> Analysis <br> Presumably the LVT would agree, however, that parties cannot simply spring new arguments on each other at the last minute, even if those argument might come within the scope of s.19 or s.27A. <br></p>