Flat 1 Palace Gate, London, W8 5LS
LON/00AW/LSC/2019/0301 · service charges · Kensington and Chelsea · decided 10 Jan 2020
figures not yet checkedThe tribunal decided that the reserve fund payable for the two years is £22500, well below the sums claimed, because the lease allows a reserve fund but the substantial sums demanded could not be collected without proper consultation.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Refused |
| Section 20 consultation | Consultation failure found |
| Who applied | Other |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 5 flats |
| Service charge years in dispute | 2019 |
| Items in dispute | reserve fund |
| Items disallowed or reduced | reserve fund |
| Total demanded | £177,200 |
| Total found payable | £22,500 |
| Fees or costs ordered | none stated |
Read from the decision automatically: a regular-expression pass, then a language model whose every value must quote the decision word for word; the two readings disagreed on something, so these figures haven't been checked yet and are left out of the statistics. Compare with the original.
What the decision says
- flats n
Palace Gate is a block of five flats and three commercial units.
- years
for the years to 31st May 2019 and 31st May 2020
- outcome
In summary the Tribunal finds that the reserve funds payable for the year to 31st May 2019 and 31st May 2020 are £22500.
- items reduced
In summary the Tribunal finds that the reserve funds payable for the year to 31st May 2019 and 31st May 2020 are £22500.
- total demanded
The value of the dispute if £177200.
- total payable
In summary the Tribunal finds that the reserve funds payable for the year to 31st May 2019 and 31st May 2020 are £22500.
- s20c
Therefore the application under s.20C is dismissed.
- s20
It would not have been envisaged that the clause could be used to demand substantial sums in order to fund imminent works without having consulted pursuant to the provisions in Landlord and Tenant Act 1985, s.20.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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