London Borough of Southwark v Victoria Jane Clarke

This case concerned the recovery of unpaid service charges.  The landlord demanded of its tenant an interim service charge, being an estimate of the service charge payable for a service charge year.  The lessee failed to pay the amount demanded. Following the demand the lessee assigned the lease.  Subsequently the landlord determined the amount of the service charge. The determined sum was less than the amount that had been demanded of the assignor way of the interim charge.  The landlord demanded the determined sum from the assignee.  The FtT held that the assignee was not liable.  On appeal by the local authority, the UT overturned that decision.  Michael Walsh of Tanfield Chambers represented the appellant local authority.

Background