Flat 6 Compton Court, Sutton Coldfield, West Midlands, B74 4AA
BIR/00CN/LLC/2019/0004 · LLC · Birmingham · decided 1 May 2019
The tribunal found the £471.56 service charge increase for 2017-8 reasonable and payable by the leaseholder, and limited the landlord's litigation costs recoverable under the lease to £1750 with no further costs added to the service charge.
| Outcome | Payable as demanded |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | RTM company |
| Freeholder / landlord | Elmbirch Properties plc |
| Management company | Compton Court (Four Oaks) RTM Company Ltd |
| Managing agent | HLM Property Management |
| Building | One flat, 8 flats · 3 decisions about this building |
| Service charge years in dispute | 2017 |
| Items in dispute | reserve fund |
| Items disallowed or reduced | none stated |
| Total demanded | £471.56 |
| Total found payable | £471.56 |
| Fees or costs ordered | the respondent to pay the applicant costs of £1750.00 including VAT, counsel's fee and court fee |
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What the decision says
- flats n
Flat 6 [name] Court is on the first floor of a block comprising eight flats.
- freeholder
The freehold interest in [name] Court was acquired by Elmbirch Properties plc
- management company
Applicant : [name] Court (Four Oaks) RTM Company Ltd
- agent
the Applicant acting by its property agent HLM Property Management of Shrewsbury submitted its service charge demand
- years
The amount claimed by the Applicant for service charges for the year 2017-8 in the sum of £471.56 is reasonable and payable by the Respondent
- outcome
The amount claimed by the Applicant for service charges for the year 2017-8 in the sum of £471.56 is reasonable and payable by the Respondent
- total demanded
By the end of the year the difference between the sum paid and the sum demanded was £471.56 which is the sum claimed in these proceedings.
- total payable
The Tribunal is satisfied the service charge claim in the sum of £471.56 is reasonable and payable.
- s20c
Costs in excess of £1750 are not be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Respondent under s20C Landlord and Tenant Act 1985.
- costs
The Defendant shall pay costs to the Claimant by 15 May 2019 the sum of £1750.00 inclusive of Vat, counsel’s fee and court fee
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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