27 Court Place, Castle Hill Avenue, Folkestone, Kent, CT20 2QZ
CHI/29UL/LSC/2023/0078 · service charges · Folkestone and Hythe · decided 12 Aug 2024
The tribunal found the landlord did not comply with the section 20 consultation requirements for the lift works, so the recoverable charge is limited to £250 unless dispensation is granted, refused a section 20C costs order, made a paragraph 5A order that the landlord's litigation costs cannot be recovered as an administration charge, and ordered the landlord to repay £300 in fees.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Refused |
| Section 20 consultation | Consultation failure found |
| Who applied | Other |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | none named |
| Building | One flat |
| Service charge years in dispute | 2020, 2021, 2022 |
| Items in dispute | major works |
| Items disallowed or reduced | major works |
| Total demanded | £65,341 |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to reimburse the applicant's tribunal and hearing fees £300 |
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What the decision says
- years
the costs were applied to the accounts in 2020, 2021 and 2022
- outcome
The recoverable service charge is limited to £250 in respect of the
- items reduced
The recoverable service charge is limited to £250 in respect of the major works payable for lift replacement
- total demanded
service charges totalling £65,341.00 have been levied in respect of the lift works
- s20c
For those reasons the application is refused.
- s20
The Tribunal therefore finds that the consultation requirements have not been complied with.
- costs
£300 within 28 days of this Decision
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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