Ashbrooke Mews, 1-4 Ashbrooke Terrace, Sunderland SR2 7HG
MAN/00CM/LSC/2020/0034 · service charges · Sunderland · decided 11 Mar 2022
The tribunal decided that buildings insurance premiums were not recoverable through the service charge under the leases, though they would have been reasonable had they been recoverable, and reduced several other charges including management fees, a key-holding charge, some professional fees and loan interest, and made an order that the landlord's costs of the proceedings cannot be charged to leaseholders.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Not clear |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | English Rose Estates Limited |
| Management company | none named |
| Managing agent | Kingston Property Services |
| Building | A block, 9 flats |
| Service charge years in dispute | 2014, 2015, 2016, 2017, 2018, 2019, 2020 |
| Items in dispute | administration charges, cleaning and grounds, insurance, legal and professional fees, management fees, other, repairs and maintenance, utilities |
| Items disallowed or reduced | legal and professional fees, management fees, other |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
substantially converted to provide 9 residential apartments
- freeholder
The Respondent, English Rose Estates Limited, is the Applicants’ landlord and the freehold proprietor of the Property.
- agent
then Kingston Property Services to 12 December 2020 at which time the leaseholders’ Right To Manage company took over
- years
Buildings Insurance premiums for the service charge years 2014/15 to 2020/21 (inclusive) are not recoverable
- outcome
Management Charges - the charge of £2,896.39 in 2014/15 is reduced to £1,822.50;
- items reduced
Key-holding charge - the charge of £450.00 in 2014/15 is reduced to £0.00;
- s20c
The tribunal makes Orders pursuant to section 20(c) of the Landlord and Tenant Act 1985 and paragraph 5A of [name] 11
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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