2 & 4 Regal Way, Stoke-on-Trent ST1 3GD
BIR/00GL/LIS/2019/0042 · LIS · Stoke-on-Trent · decided 27 Jan 2020
The tribunal reduced several 2018 and 2019 service charge items, found the insurance premium within a reasonable range, ordered that the landlord's costs of the proceedings are not relevant service charge costs, and found no litigation costs payable by the leaseholders.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | Wedgewood Gardens Management Company Limited |
| Managing agent | Mainstay Management Limited |
| Building | A block, 3 flats |
| Service charge years in dispute | 2018 |
| Items in dispute | cleaning and grounds, insurance, management fees, other, repairs and maintenance, reserve fund |
| Items disallowed or reduced | cleaning and grounds, other, repairs and maintenance, reserve fund |
| Total demanded | not stated as one figure |
| Total found payable | £42 |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
The subject properties are two of three apartments in one such block.
- freeholder
The first parties to the lease were Gladedale (South Yorkshire) Limited (the Lessor)
- management company
The Second Respondent is Wedgewood Gardens Management Company Limited.
- agent
Mainstay Management Limited were appointed in October 2018 to act as the managing agents by Avant Homes.
- years
The Applicants disputed two items service charges for 2018 namely for ground maintenance and cleaner.
- outcome
The sum of £56.00 for ground maintenance is not payable.
- items reduced
The day to day maintenance figure and contribution to reserves figure was reduced as the standard of construction was such that the estimates were creating an over provision.
- s20c
the Tribunal directs that the costs incurred by the Lessor are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicants.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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