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George Bartlett QC, the President of the Upper Tribunal (Lands Chamber), has given judgement in favour of Southwark London Borough Council against two flat owners, who sought to avoid liability to pay for major works.
The works at Stanswood Gardens included asbestos removal, roof works, the renewal of the doors, windows and cladding panels at an estimated overall cost of £1,279,344. The flat owners argued they were not liable to pay because the costs had been incurred more than 18 months earlier, and were therefore improper.
The Tribunal disagreed, explaining the leaseholders “...were fully consulted in advance,...were informed what their liability would be and received a demand for the estimated contribution in advance....[The Apellants] have paid nothing and seek to avoid paying anything. I am satisfied that Section 20B does not enable them to ride free” .