Flat 4, 5 Wellington Terrace, The Esplanade, Sandgate, Folkestone, Kent CT20 3DY
CHI/29UL/LSC/2021/0067 · service charges · Folkestone and Hythe · decided 31 Dec 2021
figures not yet checkedThe tribunal decided the leaseholder is not liable to pay the £5,128.58 service charge demanded on 18 March 2021, because the demand did not comply with the lease and the Landlord and Tenant Act 1987, and made an order preventing the landlord from adding the costs of the proceedings to the service charge.
| Outcome | Not payable |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Napoleon Management (Sandgate) Limited |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 5 flats · 3 decisions about this building |
| Service charge years in dispute | 2017, 2018, 2019, 2020, 2021 |
| Items in dispute | other |
| Items disallowed or reduced | other |
| Total demanded | £5,128.58 |
| Total found payable | not stated as one figure |
| 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
It comprises five flats under separate leases numbered 1 to 5.
- freeholder
The Respondent company was formed on collective enfranchisement by the lessees of Flats 1,2,3 and 5 in 2017.
- years
The Applicant disputes the service charge demands for the years 2017, 2018, 2019, 2020 and 2021
- outcome
The Tribunal determines that the Applicant is not liable to pay the service charges in the sum of £5,128.58 demanded on 18 March 2021.
- items reduced
The demand included ground rent which was not recoverable as a service charge.
- total demanded
the sum of £5,128.58 demanded on 18 March 2021
- total payable
the Applicant is not liable to pay the service charges in the sum of £5,128.58
- s20c
The Tribunal considers it just and equitable to make an Order under section 20C of the 1985 Act
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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