Apartments 2 and 4 Marine Palms, Warren Road, Torquay, TQ2 5TT
CHI/00HH/LSC/2022/0049 · service charges · Torbay · decided 28 Oct 2022
figures not yet checkedThe tribunal refused the leaseholders' challenges to the cost of replacing the terraces and basement works, found the £162.92 legal fees not reasonable because the respondent conceded them, and refused the section 20C and paragraph 5A applications so the landlord's costs can be recovered through the service charge.
| Outcome | Payable as demanded |
|---|---|
| Section 20C (landlord's costs of the case) | Refused |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | McCarthy Contractors SW Limited |
| Management company | none named |
| Managing agent | none named |
| Building | A block, 13 flats |
| Service charge years in dispute | 2016, 2019, 2020, 2021 |
| Items in dispute | legal and professional fees, other, repairs and maintenance |
| Items disallowed or reduced | legal and professional fees |
| Total demanded | £569.49 |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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 property is said to be a former hotel converted to 13 self-contained flats.
- freeholder
Respondent: [name] Contractors SW Limited
- years
Tenants’ application for the determination of reasonableness of service charges for the years 2016, 2019, 2020 and 2021.
- outcome
The Tribunal has determined that the Applicants’ challenges to the payability of the sums relating to the basement and terrace works are all refused, save for the conceded element of the “legal fees” of £162.92 for Flat 4
- items reduced
The “legal fees” of £162.92 for Flat 4 turned out to be rather a structural engineer’s fee. Quite properly, to avoid further expense, the Respondent conceded this sum, so that the Tribunal finds that it is not reasonable to demand it.
- s20c
The Tribunal refuses the Applicants’ applications under Section 20c of the Landlord and Tenant Act 1985 and Paragraph 5A of Schedule 11 Commonhold and Leasehold Reform Act 2002, thus not precluding the Respondent from recovering its costs
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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