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501 Samuel Garside House, 2 De Pass Gardens, Barking, Essex IG11 0FQ

LON/00AB/LSC/2021/0044 · service charges · Barking and Dagenham · decided 7 Sep 2021

figures not yet checked

The tribunal found it had no jurisdiction over the disputed fuel (heating) charge, which it held was not a service charge item, and made orders protecting the leaseholder from the landlord's costs of the proceedings and ordered the landlord to refund half of his tribunal fees.

OutcomeOther decision
Section 20C (landlord's costs of the case)Order made
Section 20 consultationNot in issue
Who appliedLeaseholder(s)
Freeholder / landlordAdriatic Land 3 (GR1) Ltd
Management companynone named
Managing agentResidential Management Group Ltd
BuildingOne flat, 79 flats
Service charge years in dispute2016, 2017, 2018
Items in disputeadministration charges, utilities
Items disallowed or reducednone stated
Total demandednot stated as one figure
Total found payablenot stated as one figure
Fees or costs orderedthe respondent to refund half of the applicant's tribunal fees within 28 days

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What the decision says

flats n
a development of 79 flats divided into four blocks
freeholder
Respondent : [name] 3 (GR1) Ltd
agent
The Residential Management Group Ltd replaced Pinnacle as block manager on 1 November 2018
years
in respect of the service charge years 2016-2017, 2017-2018, 2018-2019
outcome
The Tribunal rejects the landlord’s submission that this is a form of landlords’ outgoing within the meaning of clause 6.3
s20c
The Tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 so that none of the landlord’s costs of the tribunal proceedings may be passed to the lessee through any service charge.
costs
the Tribunal orders the Respondent to refund half of any fees paid by the Applicant within 28 days

The passages each figure was read from, verbatim. People's names are replaced with [name].

The original

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