36 Amethyst House, 602 South Fifth Street, Milton Keynes, Buckinghamshire MK9 2DG
CAM/00MG/LBC/2022/0004 · breach of lease · Milton Keynes · decided 20 Sep 2022
The tribunal found the leaseholder in breach of her repairing covenant and duty to give notice of works for a burst pipe, but made orders preventing the landlord recovering its costs of the proceedings through the service charge or as an administration 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 | Avon Ground Rents Limited |
| Management company | none named |
| Managing agent | none named |
| Building | One flat |
| Service charge years in dispute | not stated |
| Items in dispute | insurance, repairs and maintenance, utilities, administration charges |
| Items disallowed or reduced | none stated |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the applicant's costs of the proceedings are not recoverable from the respondent through the service charge or as an adm |
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What the decision says
- freeholder
Applicant : Avon Ground Rents Limited
- outcome
(3) The tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002
- s20c
The tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 that none of the applicant’s costs can be passed to the respondent through the service charge or as an administration charge in accordance with her lease.
- costs
it is therefore just and equitable to make an order under paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002, extinguishing the respondent’s liability to pay an administration charge in respect of the applicant’s costs of the proceedings
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The original
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