Highview Lodge, Wesley Court, Acre Street, Stroud, Gloucestershire, GL5 1DW
CHI/23UF/LIS/2018/0050 · LIS · Stroud · decided 25 Jan 2019
The Tribunal decided as a matter of lease construction that the landlord's repairing covenant covers the external windows and French doors of the flats, so replacing them with uPVC units can be recovered through the service charge, though it made no finding on necessity or cost.
| Outcome | Other decision |
|---|---|
| Section 20C (landlord's costs of the case) | Not applied for |
| Section 20 consultation | Not in issue |
| Who applied | RTM company |
| Freeholder / landlord | Weltonvale Limited |
| Management company | Highview 2004 RTM Company Limited |
| Managing agent | Mainstay Residential Limited |
| Building | A block, 29 flats |
| Service charge years in dispute | not stated |
| Items in dispute | major works, repairs and maintenance |
| Items disallowed or reduced | none stated |
| 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
There are 29 apartments
- freeholder
made between Weltonvale Limited of the one part
- management company
Applicant : [name] 2004 RTM Company Limited
- agent
Mainstay Residential Limited (“Mainstay”) has been the managing agent for the property since 2005
- outcome
The Tribunal determines that the a) The replacement of the external wooden frames and glazed unit and French doors to the flats with a modern equivalent of uPVC frames and glazed units falls within the definition of management services in paragraph 1 of the Fifth schedule to the lease.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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