Flat 1A St Cuby, Cliff Promenade, North Foreland, Broadstairs, Kent CT10 3QY
CHI/29UN/LSC/2019/0091 · service charges · Thanet · decided 21 May 2020
The tribunal found the balcony of Flat 2A was not part of the building's main structure so its repair costs are not a service charge item for the applicant, dispensation from consultation was refused so the applicant's liability is limited to £250, and the landlord cannot recover its proceedings costs through the service charge and must repay the fees.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | St Cuby Management Company Limited |
| Management company | St Cuby Management Company Limited |
| Managing agent | none named |
| Building | One flat, 5 flats |
| Service charge years in dispute | not stated |
| Items in dispute | major works, repairs and maintenance |
| Items disallowed or reduced | major works |
| Total demanded | £12,000 |
| Total found payable | £250 |
| Fees or costs ordered | the respondent to reimburse the applicant the application fee of £100 and the hearing fee share of £100 |
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What the decision says
- flats n
The property is built over three floors and now comprises five flats
- freeholder
The Respondent holds the freehold of the property.
- management company
Respondent : St Cuby Management Company Limited
- outcome
orders that the Applicant’s liability for the cost of works properly charged to the Tenants is limited to £250.
- items reduced
orders that the Applicant’s liability for the cost of works properly charged to the Tenants is limited to £250.
- total demanded
The amount in dispute is £12,000, of which the Applicant is liable to pay £2,400 (1/5th).
- total payable
orders that the Applicant’s liability for the cost of works properly charged to the Tenants is limited to £250.
- s20c
is satisfied that it is just and equitable to make an Order under section 20C in the Applicant’s favour
- s20
The Respondent did not comply with the statutory requirements for consulting Tenants about major works.
- costs
The Tribunal Orders the Respondent to reimburse the Applicant with 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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