First Floor Flat 92A Bellhouse Lane Leigh on Sea Essex SS9 4PQ
CAM/00KF/LSC/2020/0001 · service charges · Southend-on-Sea · decided 18 May 2020
The tribunal found insurance costs for 2013/14 to 2015/16 not payable because they were demanded too late under section 20B, while insurance for 2016/17 to 2019/20 was held reasonable at £386.91 a year, and the landlord cannot recover its costs of the proceedings.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Porterman Investments Limited |
| Management company | none named |
| Managing agent | none named |
| Building | One flat |
| Service charge years in dispute | 2013, 2014, 2015, 2016, 2017, 2018, 2019 |
| Items in dispute | administration charges, insurance |
| Items disallowed or reduced | insurance |
| Total demanded | not stated as one figure |
| Total found payable | £1,547.64 |
| Fees or costs ordered | the respondent not ordered to reimburse the applicant's application fee of £100 |
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What the decision says
- years
the service charge years 2013/14 to 2019/20
- outcome
The tribunal determines that the insurance costs for 2013/14, 2014/15 and 2015/16 are not payable by virtue of section 20B (1) of the Landlord and Tenant Act 1985
- items reduced
The tribunal determines that the insurance costs for 2013/14, 2014/15 and 2015/16 are not payable by virtue of section 20B (1) of the Landlord and Tenant Act 1985
- total payable
the sum of £1,547.64 is payable by the applicant in respect of an interim charge for insurance costs for the years 2016/17 through to 2019/20
- s20c
The tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 so that none of the landlord's costs of the tribunal proceedings may be passed to the lessee
- costs
In the circumstances I have decided not to order the respondent to reimburse the application fee of £100.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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