Elgin House, 75 Graham Road, Malvern WR14 2HX
BIR/47UC/LIS/2018/0072 · LIS · Malvern Hills · decided 14 May 2019
The leaseholder was found liable to pay £4,603.48 towards external decoration instead of the £6,339.30 demanded, because the section 20 consultation was not properly followed and the cheaper quote was used, and the administration charges were withdrawn, with the landlord's costs cut to 60 per cent.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Landlord or management company |
| Freeholder / landlord | Elgin House Management Company Limited |
| Management company | Elgin House Management Company Limited |
| Managing agent | none named |
| Building | A block, 6 flats · 2 decisions about this building |
| Service charge years in dispute | 2018 |
| Items in dispute | administration charges, repairs and maintenance |
| Items disallowed or reduced | administration charges, repairs and maintenance |
| Total demanded | £6,339.30 |
| Total found payable | £4,603.48 |
| Fees or costs ordered | the respondent to pay £6,638.95 tribunal costs and £1,245.00 county court costs under paragraph 5A reduction |
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What the decision says
- flats n
converted into six leasehold flats
- freeholder
The Applicant is therefore both the freeholder and the management company
- management company
a management company called Elgin House Management Company Limited
- years
demanded on 9 April 2018 under three separate invoices
- outcome
the sum of £4,603.48 is payable
- items reduced
The Applicant, through its counsel, withdrew its claim for payment of the Administration Charge Demands
- total demanded
£6,339.30 demanded on 9 April 2018 under three separate invoices
- total payable
the sum of £4,603.48 is payable
- s20c
no costs incurred by the Applicant in these proceedings are to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Respondent
- s20
the Tribunal determines that the Applicant did not comply with the Regulations
- costs
Exercising its discretion under paragraph 5A, the Tribunal reduces the Respondents liability for those costs to the sum of £6,638.95.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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