20B Upper Market Street, Hove, BN3 1AS
CHI/00ML/LSC/2023/0036 · service charges · Brighton and Hove · decided 8 Aug 2023
The tribunal found the £3,949 charge for 2016-17 works to the basement and ground floor was not payable, because the works were improvements rather than repairs under the lease, and made an order under s.20C so the landlord cannot add its costs of the case to the service charge.
| Outcome | Not payable |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Park Avenue Estates Ltd |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 3 flats |
| Service charge years in dispute | 2021 |
| Items in dispute | major works |
| Items disallowed or reduced | major works |
| Total demanded | £3,949 |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
the premises are now configured as three flats
- freeholder
Respondent : Park Avenue Estates Ltd
- years
the element of the 2021 balancing service charges that related to the major works
- outcome
the sum of £3,949 is not payable
- items reduced
The charge of £3,949 relating to the major works is therefore not payable.
- total demanded
the disputed service charges of £3,949
- s20c
it is nevertheless just and equitable to make an order under s.20C
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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