Flats 1 and 2, 1 Methuen Park Road, Muswell Hill, London, N10 2JR
LON/00AP/LSC/2019/0143 · service charges · Haringey · decided 25 Jul 2019
The tribunal found no service charges were payable for 2018/19 or 2019/20, as the landlord conceded the lease did not allow recovery of budget sums for future expenditure or a reserve fund, and ordered the respondent to repay the applicants' fees and granted section 20C and paragraph 5A orders.
| Outcome | Payable as demanded |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 4 flats |
| Service charge years in dispute | 2018, 2019 |
| Items in dispute | other, reserve fund |
| Items disallowed or reduced | other, reserve fund |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to reimburse application fees of £200 paid by each applicant |
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What the decision says
- flats n
a house converted into four flats
- years
service charges demanded for the years 2018 to 2019 and 2019 to 2020
- outcome
The Tribunal determines that no sums are payable by the Applicants in respect of the service charges demanded for the years 2018 to 2019 and 2019 to 2020.
- items reduced
There is also no provision for a reserve fund, yet the demand included an element in respect of such a fund.
- s20c
The applications for orders under section 20C of the Landlord and Tenant Act 1985 so that none of the landlord’s costs of the Tribunal proceedings may be passed to the lessees through any service charge are granted for both Applicants.
- costs
The Tribunal makes an order under rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 for the re-imbursement by the Respondent of the fees of £200 paid by each Applicant in bringing this application.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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