Elgin House, 75 Graham Road, Malvern WR14 2HX
BIR/47UC/LLD/2018/0001 · LLD · Malvern Hills · decided 14 May 2019
The tribunal found the leaseholder must pay £4,603.48 towards external redecoration, less than the £6,339.30 demanded, because the landlord did not properly obtain an estimate from the leaseholder's nominated contractor, reduced the landlord's recoverable costs to £6,638.95 and made a section 20C order.
| 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 of the tribunal costs and £1,245.00 of the county court costs, after a paragraph 5A redu |
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What the decision says
- flats n
converted into six leasehold flats
- freeholder
the Applicant has purchased the freehold of the Property
- management company
a management company called Elgin House Management Company Limited (the “Applicant”) was also a party to the leases
- years
demanded on 9 April 2018 under three separate invoices
- outcome
£4,603.48 special contribution as determined by the Tribunal
- 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
£4,603.48 special contribution as determined by the Tribunal
- s20c
That no costs incurred by the Applicant in these proceedings are to be regarded as relevant costs
- s20
the Tribunal determines that the Applicant did not comply with the Regulations
- costs
the Respondent must pay 60% of the costs incurred by the Applicant in the Tribunal
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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