Flats 1 and 2 Nutley Court, 127 Honor Oak Road, SE23 3SW
LON/00AZ/LSC/2023/0082 · service charges · Lewisham · decided 30 Oct 2023
figures not yet checkedThe tribunal found the roof works recoverable only up to £250 per flat because no consultation was carried out, held that legal fees and directors liability insurance were not recoverable under the lease, allowed the gardening, building insurance and accountant fees, and made an order that the landlord's costs of the proceedings cannot be added to the service charge.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Ambercrown Limited |
| Management company | none named |
| Managing agent | none named |
| Building | A block, 6 flats |
| Service charge years in dispute | not stated |
| Items in dispute | cleaning and grounds, insurance, legal and professional fees, major works, other, reserve fund |
| Items disallowed or reduced | insurance, legal and professional fees, major works |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none 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
Nutley Court itself comprises of six flats, two undercover parking bays, and a garden.
- freeholder
Respondents Ambercrown Limited
- outcome
There should have been a consultation and there was not therefore the service charge recoverable for these works is limited to £250 per flat.
- items reduced
The clauses relied on by the Respondents are not clear and unambiguous, accordingly the legal costs are not recoverable.
- s20c
accordingly it is appropriate to exercise our discretion under s.20C.
- s20
No consultation was carried out before these works were carried out.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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