33B Burnt Oak Broadway, Edgware, Middlesex HA8 5JZ
LON/00AE/LSC/2021/0415 · service charges · Brent · decided 29 Nov 2023
The tribunal found the insurance premiums for 2015 to 2018 and the administration fees not payable because the insurance was not in the landlords' name and the lease allows no such fee, found the 2019 to 2022 premiums payable only after deducting commercial heads of cover, made a section 20C order, and ordered reimbursement of the application fee.
| 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 | none named |
| Managing agent | none named |
| Building | One flat, 2 flats |
| Service charge years in dispute | 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 |
| Items in dispute | administration charges, insurance |
| Items disallowed or reduced | administration charges, insurance |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to reimburse the applicant's application fee of £100 |
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What the decision says
- flats n
comprising two residential units over commercial premises
- years
in respect of the service charge years ending 2015 to 2022 as:
- outcome
Therefore the whole of the following premiums are not reasonable or payable by the applicant.
- items reduced
There is no provision in the lease for the recovery of an administration charge from the applicant in respect of the insurance premium. Therefore, this fee is not payable by the applicant.
- s20c
The tribunal makes an order under s.20C of the Landlord and Tenant Act 1985
- costs
The tribunal makes an order requiring the respondents to reimburse the applicant with the application fee of £100
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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