Ditton Place, Brantridge Lane, Balcombe, West Sussex, RH17 6JR
CHI/45UG/LSC/2020/0106 · service charges · Mid Sussex · decided 19 Feb 2021
The tribunal found that most of the freeholder's legal costs of the winding up of a management order were not recoverable through the service charge, with only costs of certain later non-compliance potentially recoverable and subject to further evidence, and made a section 20C order protecting the leaseholders.
| Outcome | Not payable |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Ditton Place Freehold Company Limited |
| Management company | Ditton Place Management Company Limited |
| Managing agent | none named |
| Building | A block, 4 flats |
| Service charge years in dispute | 2020 |
| Items in dispute | legal and professional fees |
| Items disallowed or reduced | legal and professional fees |
| Total demanded | £52,064.24 |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to reimburse the applicants the application fee of £100.00 |
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What the decision says
- flats n
the Main House and Coach House were converted into twelve flats demised on long leases
- freeholder
Respondent : Ditton Place Freehold Company Limited
- management company
transferred by the developer to Ditton Place Management Company Limited (“DPM”)
- years
legal costs incurred by the Respondent freeholder
- outcome
the only legal costs invoiced by Fladgate to DPF that the Tribunal finds are potentially recoverable under the lease as a service charge are those incurred in relation to alleged non-compliance by the Manager with the winding up directions
- items reduced
The Tribunal has insufficient evidence to determine whether such costs were reasonably incurred
- total demanded
The actual legal costs incurred are now said to be £52,064.24.
- s20c
An order is made under section 20C of the Act in relation to the costs of these proceedings.
- costs
The Respondent is to reimburse the Applicants in the sum of £100.00 by 5 March 2021.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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