Apartment 101, 7 Ownall Road, Birmingham, B34 7AH
BIR/00CN/LIS/2020/0034 · LIS · Birmingham · decided 6 Mar 2023
figures not yet checkedThe tribunal found the estate charges claimed by the head lessee were not payable, reduced the service charges for each year, and made an order that the landlord's litigation costs cannot be added to the service charge.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | KWB Property Management |
| Building | One flat, 12 flats |
| Service charge years in dispute | 2015, 2016, 2017, 2018, 2019, 2020 |
| Items in dispute | administration charges, cleaning and grounds, legal and professional fees, management fees, other, repairs and maintenance, reserve fund, utilities |
| Items disallowed or reduced | cleaning and grounds, management fees, other, repairs and maintenance, reserve fund, utilities |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | respondent to reimburse tribunal fees paid by the applicants (application fee £100, hearing fee £200) |
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 residential accommodation comprises 12 apartments over two floors.
- freeholder
The residential accommodation in Blocks A and C is leased to Clarion Housing Association Ltd, the First Respondent
- agent
as Associate Director of KWB Property Management, Clarion’s managing agent for Development
- years
The application asks the Tribunal to consider payability of service charges in six service charge years, being 2015/16, 2016/17, 2017/18, 2018/19, 2019/20, and 2020/21.
- outcome
The Tribunal determines that the service charges payable in total by each Applicant for the service charge years referred to are as set out in Table 10 below.
- items reduced
Sinking fund 1,846.00 0 No rationale. Reversed in 2020/21
- s20c
We order that pursuant to section 20C of the Act, none of the First Respondent’s costs of this application
- s20
the Applicants have the benefit of the statutory restriction on claiming those costs through the service charge to the extent that the cost exceeds £250 per applicant
- costs
We order Clarion to repay all fees paid to HMCTS by the Applicants in relation to this case
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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