21d Morton Crescent, Exmouth, Devon, EX8 1BG
CHI/18UC/LIS/2022/0025 · LIS · East Devon · decided 3 Nov 2022
The Tribunal and County Court found the £1,463.75 building costs and £221.50 insurance not payable by the respondent, because the Section 20 consultation was defective and no valid demand was made, and the landlord's costs of the proceedings cannot be passed through the service charge.
| Outcome | Not payable |
|---|---|
| Section 20C (landlord's costs of the case) | Not clear |
| Section 20 consultation | Consultation failure found |
| Who applied | Landlord or management company |
| Freeholder / landlord | not a company, or not stated |
| Management company | Ogden Kibble Ltd |
| Managing agent | none named |
| Building | One flat, 4 flats |
| Service charge years in dispute | not stated |
| Items in dispute | insurance, repairs and maintenance |
| Items disallowed or reduced | insurance, repairs and maintenance |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the applicant does not recover its court fee; the court does not order the respondent to pay the claimant the court fee |
Read from the decision automatically: a regular-expression pass, then a language model whose every value must quote the decision word for word. Compare with the original.
What the decision says
- flats n
The conversion into four flats probably took place in the 1960s.
- management company
The proceedings were incorrectly brought in the name of a limited company they use to manage the property.
- outcome
The Tribunal has determined that the sums claimed are not payable by the Respondent.
- items reduced
The Tribunal has determined that the sums claimed are not payable by the Respondent.
- s20c
The Tribunal allows the Respondent’s application under Section 20c of the Landlord and Tenant Act 1985 and Paragraph 5A of Schedule 11 Commonhold and Leasehold Reform Act 2002, thus precluding the Applicant from recovering its cost in relation to the application by way of service charge.
- s20
the procedure was defective in that Mrs [name] failed to follow steps 2 to 4 inclusive
- costs
The Court does not order the [name] to pay the Claimant the court fee, the Court having dismissed the claim against her.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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