Flat 60 The Gate House, 354 Sea Front, Hayling Island, Hampshire PO11 0AT
CHI/24UH/LSC/2020/0055 · service charges · Havant · decided 4 Jan 2021
figures not yet checkedThe tribunal found the leaseholder liable for reduced service charges for 2019/2020 and 2020/2021 after finding the landlord had not consulted as required, disallowed the communal lounge charge, and made orders protecting her from the landlord's costs and requiring a fee refund.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | ASP Independent Living Limited |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 23 flats |
| Service charge years in dispute | 2019, 2020 |
| Items in dispute | administration charges, cleaning and grounds, insurance, legal and professional fees, major works, management fees, other, repairs and maintenance, reserve fund, utilities |
| Items disallowed or reduced | cleaning and grounds, management fees, other, repairs and maintenance, reserve fund, utilities |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | respondent to reimburse application or hearing fee paid to HMCTS (amount not 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
a block of 23 Flats known as The Gate House
- freeholder
Respondent : ASP Independent Living Limited
- years
determine the liability to pay and the reasonableness of specific service charges demanded by the freeholder in 2019 on account for the service charge years 2019/2020 and a year later for 2020/2021
- outcome
The Tribunal determines that the Applicant is not liable to pay anything towards the provision of the communal lounge in 2019/2020.
- items reduced
The Tribunal determines that the Applicant is not liable to pay anything towards the provision of the communal lounge in 2019/2020.
- s20c
It makes an Order under section 20C of the Act to prevent the Respondent from regarding any costs in connection with these proceedings as relevant costs for the purpose of service charges.
- s20
The Tribunal suggested, which was confirmed by Mr [name], that the Respondent had not undertaken any formal consultation as required under section 20 of the Act.
- costs
the Respondent to reimburse the Applicant the whole or any part of the application or hearing fee paid to HMCTS in respect of these proceedings
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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