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ARTICLE · 29 MAY 2013

Real Estate Dispute Resolution Case Law Update

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The Court of Appeal upheld the decision made by the Lands Chamber of the Upper Tribunal in the case of OM Property Management Ltd -v- Burr made in January 2012.

United KingdomReal Estate and Construction
Tina George
Tina George

Case law update: OM Property Management Ltd. -v- Burr (2013)

Some would say it is timely, even ironic, that the Court of Appeal decided this appeal clarifying the 18 month rule in just under 18 months.

Earlier this month, the Court of Appeal upheld the decision made by the Lands Chamber of the Upper Tribunal in the case of OM Property Management Ltd -v- Burr made in January 2012. Mr Burr was a leaseholder on an estate managed by OM Property Management Ltd and the estate featured a gas-heated communal swimming pool. Mr Burr challenged the costs of heating the swimming pool, claiming the management company was time-barred from recovering certain costs because the gas used to heat the pool was provided more than 18 months ago. The Lands Chamber of the Upper Tribunal originally ruled that Mr Burr was liable under the terms of the lease to pay his share of this gas bill.

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