Flat 3, 45 Cavendish Place, Eastbourne, BN21 3HX
CHI/21UC/LSC/2018/0108 · service charges · Eastbourne · decided 10 Apr 2019
figures not yet checkedThe tribunal limited the Section 20 major works invoice to £250 because the landlord failed to comply with consultation requirements, found the £765 advance management fee not payable, found the asbestos report cost payable, and barred the landlord from recovering its costs of the proceedings through the service charge or as administration charges.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | Carvalho Concept Limited |
| Building | One flat, 4 flats |
| Service charge years in dispute | 2017, 2018 |
| Items in dispute | insurance, major works, management fees, repairs and maintenance |
| Items disallowed or reduced | major works, management fees |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent may not charge the applicant any costs of the proceedings as service charge or administration charge; no |
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
It is divided into four apartments (including the Basement flat).
- freeholder
Respondent : [name] (Brighton) Limited
- years
The £74.81 charged for the cost of the asbestos report dated 13 04 2017 was payable in the service charge year 2017/2018.
- outcome
the amount payable by the Applicant in respect of the works and services charged in the Respondent’s invoice dated 19th October 2018 (described as “Section 20 Invoice”) is limited to £250.00
- items reduced
is limited to £250.00, as the Respondent did not comply with section 20 of the Landlord and Tenant Act 1985
- s20c
the Tribunal finds it is just to make an order preventing any of the costs of these proceedings from being charged to service charge.
- s20
as the Respondent did not comply with section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) and the requirements of the Service Charges (Consultation etc.) (England) Regulations 2003
- costs
The Tribunal makes no order in respect of the reimbursement of the Tribunal fees paid by the Applicant.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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