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Apartment 101, 7 Ownall Road, Birmingham, B34 7AH

BIR/00CN/LIS/2020/0034 · LIS · Birmingham · decided 6 Mar 2023

figures not yet checked

The 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.

OutcomeReduced
Section 20C (landlord's costs of the case)Order made
Section 20 consultationConsultation failure found
Who appliedLeaseholder(s)
Freeholder / landlordnot a company, or not stated
Management companynone named
Managing agentKWB Property Management
BuildingOne flat, 12 flats
Service charge years in dispute2015, 2016, 2017, 2018, 2019, 2020
Items in disputeadministration charges, cleaning and grounds, legal and professional fees, management fees, other, repairs and maintenance, reserve fund, utilities
Items disallowed or reducedcleaning and grounds, management fees, other, repairs and maintenance, reserve fund, utilities
Total demandednot stated as one figure
Total found payablenot stated as one figure
Fees or costs orderedrespondent to reimburse tribunal fees paid by the applicants (application fee £100, hearing fee £200)

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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

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The original

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