79 Denmark Villas, Hove, BN3 3TH

CHI/00ML/LSC/2023/0012 · service charges · Brighton and Hove · decided 27 Jul 2023

figures not yet checked

The tribunal found most 2019 to 2022 charges payable, granted dispensation for the 2020 leak repairs on condition that its costs are not recovered, disallowed some 2021 scaffold hire and the 2022 legal fees, and limited the landlord's litigation costs by 20% under section 20C.

Outcome	Reduced
Section 20C (landlord's costs of the case)	Order made
Section 20 consultation	Dispensation granted
Who applied	Leaseholder(s)
Freeholder / landlord	not a company, or not stated
Management company	none named
Managing agent	none named
Building	A block, 4 flats
Service charge years in dispute	2019, 2020, 2021, 2022
Items in dispute	legal and professional fees, major works, other, repairs and maintenance
Items disallowed or reduced	legal and professional fees, other
Total demanded	not stated as one figure
Total found payable	not stated as one figure
Fees or costs ordered	no costs of or connected with the dispensation application recoverable from the leaseholders

Read from the decision automatically: a regular-expression pass, then a language model whose every value must quote the decision word for word; the two readings disagreed on something, so these figures haven't been checked yet and are left out of the statistics. Compare with the original.

What the decision says

flats n: The leases of each of the four flats in the Building are understood to be in substantially the same form as the Lease.
years: The relevant years for which a determination is sought are 2019, 2020, 2021 and 2022.
outcome: we accordingly disallow the hire for May and June 2021
items reduced: The particular legal costs claimed by the landlord in this instance are not therefore in our judgement within the scope of paragraph 3 of the Fifth Schedule and are not recoverable, due or payable.
s20c: The tribunal accordingly directs, for completeness, that 20% of the costs incurred by the Respondents in connection with these proceedings are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicants
s20: there is no tenable basis upon which the tribunal can properly refuse the application for dispensation, which is therefore granted
costs: albeit necessarily upon the condition that no costs of or connected with the application for dispensation may be recovered from the leaseholders in service charges or otherwise

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

The original

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