36-38 Wilton Road, Bexhill-on-Sea, East Sussex TN40 1HX
CHI/21UG/LVL/2020/0004 · variation of lease · Rother · decided 24 May 2021
The Tribunal varied the leases of the six flats at 36-38 Wilton Road so that the service charge provisions include an end-of-year balancing payment and a separate reserve fund account, but refused to backdate the variation and ordered that the landlord's costs of the proceedings cannot be added to the service charge.
| Outcome | Other decision |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Landlord or management company |
| Freeholder / landlord | RMB 102 Limited |
| Management company | none named |
| Managing agent | none named |
| Building | A block, 6 flats |
| Service charge years in dispute | not stated |
| Items in dispute | insurance, management fees, major works, repairs and maintenance, reserve fund, utilities, legal and professional fees |
| Items disallowed or reduced | repairs and maintenance, reserve fund, legal and professional fees |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
comprising 6 flats (“the Flats”) over basement, ground floor and two upper floor levels
- freeholder
The current freeholder of the Property is RMB 102 Limited (“the Applicant”).
- outcome
The Leases of Flats 1 to 6 inclusive at the Property are ordered, under section 38 of the Landlord and Tenant Act 1987, to be varied as specified in Annex 1 to this decision.
- s20c
The Tribunal orders, under Section 20C of the Landlord and Tenant Act 1985 that the Landlord’s costs incurred, or to be incurred, in connection with the proceedings begun by the Landlord Applicant’s 1987 Act application are not to be treated as relevant costs
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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