Royal Borough of Kingston-Upon –Thames v Moss
Tuesday 20th October 2020
Before the Master of the Rolls
Lord Justice Lewison
Lord Justice Arnold
The Claimant appeals the order of Morgan J dated 29 November 2019 sitting in the Chancery Division whereby he (1) declared between 14 January 2003 and 3 August 2017, the Claimant was , in relation to water and sewerage charges for the property identified in his order, a water re-seller within the meaning of the Water Resale Orders 2001 and 2006 (Resale Orders) (2) Declared the Claimant had over that period charged the Defendant in excess of the maximum charges set by the Resale Orders.
The Defendant is a secure weekly tenant of a flat owned by the Claimant. The Claimant had an arrangement between 14 January 2003 and 3 August 2017 with Thames Water Utilities Ltd whereby Thames charged the Claimant (rather than individual council tenants) for supplying water and sewerage services but at a reduced cost (taking into account a voids allowance and a commission paid to the Claimant; which the Judge found to be a sum to compensate for the cost of collecting the charges and for the risk of non-recovery). The Defendant is obliged under his tenancy agreement to pay water and sewerage charges to the Claimant. The Defendant argued he should pay charges based on the reduced cost.