Service Charge Check
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← Decisions near B11 2EL

7 Flats at 801-815 Warwick Road, Tyseley, BIrmingham, B11 2EL

BIR/00CN/LVT/2020/0001 · LVT · Birmingham · decided 29 Mar 2021

figures not yet checked

The Tribunal refused the landlord's application under section 35 of the 1987 Act to vary the leases of seven flats, finding the existing service charge terms were not unsatisfactory enough to justify wholesale change, but made an order that the landlord's costs of the proceedings cannot be added to the service charge.

OutcomeOther decision
Section 20C (landlord's costs of the case)Order made
Section 20 consultationNot in issue
Who appliedLandlord or management company
Freeholder / landlordContratree Limited
Management companynone named
Managing agentFountayne Managing Limited
BuildingA block, 10 flats
Service charge years in disputenot stated
Items in disputeinsurance, repairs and maintenance, cleaning and grounds, reserve fund, utilities, legal and professional fees
Items disallowed or reducednone stated
Total demandednot stated as one figure
Total found payablenot stated as one figure
Fees or costs orderednone stated

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What the decision says

flats n
10 residential flats on the first and second floor
freeholder
The Applicant is the freehold proprietor of 801-815 Warwick Road
agent
The Block is currently managed by Mr [name] of Fountayne Managing Limited (“Fountayne”)
outcome
We make no order to vary the Leases set out in Appendix 1.
s20c
the Tribunal considers it just and equitable to make an order in favour of the Respondents’ so that all of the costs incurred by the Applicant landlord in connection with these proceedings are not to be regarded as relevant costs

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

The original

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