Flats 1, 3, 5, 7, 9 & 11 Elms Road, Wokingham, RG40 2AA
CAM/00MF/LSC/2019/0031 · service charges · Wokingham · decided 5 Nov 2019
The tribunal found that the word 'Building' in the lease covers only the demised premises plus the fire escape and mezzanine joists, so the leaseholders are not liable for the wider Plaza service charges in the estimate for 2019.
| Outcome | Other decision |
|---|---|
| Section 20C (landlord's costs of the case) | Not clear |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Aviva Life & Pensions UK Limited |
| Management company | Oaksmere Residents Association Limited |
| Managing agent | none named |
| Building | An estate |
| Service charge years in dispute | 2017 |
| Items in dispute | administration charges, cleaning and grounds, insurance, legal and professional fees, management fees, other, repairs and maintenance, utilities |
| Items disallowed or reduced | administration charges, cleaning and grounds, legal and professional fees, management fees, other, repairs and maintenance, utilities |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
Flats 1, 3, 5, 7, 9 & 11 Elms Road, Wokingham
- freeholder
Respondent : Aviva Life & Pensions UK Limited
- management company
Applicant : Oaksmere Residents Association Limited
- years
it would appear that the Respondents did not acquire their interest or at least is was not registered until 8th December 2017
- outcome
We exclude from the definition Building the remainder of the Plaza for the reasons that we have set out above. This means, therefore, that the service charges which are the subject of the estimate for 2019 are not payable by the Applicants
- items reduced
the service charges which are the subject of the estimate for 2019 are not payable by the Applicants
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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