Flats 1, 2, 3 & 4 Crescent House, Crescent Way, Orpington, Kent, BR6 9LR
LON/00AF/LSC/2023/0036 · service charges · Bromley · decided 5 Jan 2024
The tribunal found the service charge demands invalid for failing to give a correct landlord name and address for service, so the charges were not payable, and it made an order preventing the landlord's tribunal costs being added 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 | Stephen Edward Hart (4) Cedar Development Company Ltd |
| Management company | none named |
| Managing agent | Deacon Asset Management |
| Building | A block, 6 flats |
| Service charge years in dispute | 2015, 2016, 2017, 2018, 2019, 2020, 2021 |
| Items in dispute | insurance, major works, management fees, other, repairs and maintenance |
| Items disallowed or reduced | insurance, major works, management fees, repairs and maintenance |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to refund the applicants' application and hearing fees |
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What the decision says
- flats n
the Building known as Crescent House is defined as comprising the six flats on the first and second floors
- agent
Representative : Deacon Asset Management
- years
the service charge years 2015/2016 to 2021/2022
- outcome
the tribunal finds the payments demanded during the period 2016 to 2022 were not validly demanded and therefore not payable by the applicants.
- items reduced
the cost of the major works was incurred by the Company and not by the freeholders/landlords and are therefore not recoverable from the applicants.
- s20c
The tribunal determines that it is just and equitable in the circumstances for an order to be made under section 20C of the 1985 Act
- costs
the respondent shall pay the applicant's application and hearing fee within 28 days of this Decision
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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