Flat 3, 5 The Square, Buxton, Derbyshire SK17 6AZ
BIR/17UH/LDC/2019/0014 · dispensation from consultation · High Peak · decided 28 Jan 2020
figures not yet checkedThe tribunal allowed retrospective dispensation only for stage 1 of the March 2019 roof and gutter repair, reduced the 2018 to 2019 charges for consultation failures and an incorrect drainage charge, reduced the 2019 to 2020 interim charge by £35, and made section 20C and paragraph 5A orders.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | High Peak Theatre Trust Limited |
| Management company | none named |
| Managing agent | none named |
| Building | One flat · 2 decisions about this building |
| Service charge years in dispute | 2018, 2019 |
| Items in dispute | cleaning and grounds, insurance, other, repairs and maintenance, utilities |
| Items disallowed or reduced | other, repairs and maintenance, utilities |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the applicant |
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
- freeholder
The Respondent freeholder of the property is the High Peak Theatre Trust Limited, who run the Buxton Opera House.
- years
service charge year 2018 to 2019 (actual figures spent) and 2019 to 2020 (budgeted expenditure)
- outcome
The Tribunal Decides that the service charge that can be demanded for service charge year 2018 to 2019 is to be reduced by the following amounts;
- items reduced
Surface water drainage £37.73 should not have been charged.
- s20c
The Tribunal makes an order pursuant to section 20C of the Act that all costs incurred by the landlord in connection with these proceedings before this Tribunal are not be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by these Applicant tenants.
- s20
There was no consultation and there is no application to dispense with consultation, service charge must therefore be limited to £250.
- costs
all costs incurred by the landlord in connection with these proceedings before this Tribunal are not be regarded as relevant costs
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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