Flats 2 & 6 Brooklands Court, Middleton Road, Manchester, M8 4JU
· other · Manchester · decided 5 Nov 2021
The Tribunal found each leaseholder liable for 1/16th of the FRA and drainage costs, being £331.25 for the 2019 demand and £371.27 for the 2020 demand, after the landlord failed to consult and to comply with the statutory notice requirements, and made an order preventing the landlord's costs of the proceedings being 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 | ME Property Investments Limited |
| Management company | Brooklands Court Management Company (Manchester) Limited |
| Managing agent | none named |
| Building | One flat, 16 flats |
| Service charge years in dispute | 2020, 2021 |
| Items in dispute | cleaning and grounds, insurance, other, repairs and maintenance |
| Items disallowed or reduced | other, repairs and maintenance |
| 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
each of the Applicants is liable to pay 1/16th of the relevant costs in respect of the 2019 demand
- management company
Respondent : Brooklands Court Management Company (Manchester) Limited
- years
a service charge of £500 in respect of the service charge year ended 31 March 2021
- outcome
each of the Applicants is liable to pay 1/16th of the relevant costs in respect of the 2019 demand, which is £331.25;
- items reduced
the costs of fencing and wall works and other works of repair and maintenance not identified as FRA works are not “relevant costs” in respect of the 2019 demand
- s20c
the Tribunal determined that it was just and equitable in the circumstances to grant the Applicants’ application under s20C of the 1985 Act
- s20
as there had been a failure of compliance by the Respondent in respect of each of the demands, the contributions of the Applicants are limited to £250
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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