Maple Tree Court, Old Market, Nailsworth Gloucestershire GL6 0AF
CHI/23UF/LSC/2021/0087 · service charges · Stroud · decided 7 Dec 2022
The Tribunal dismissed the leaseholders' claim to set off damages for alleged landlord negligence against service charges for repairing the failed retaining wall, and left open whether a section 20C costs order should be made.
| Outcome | Dismissed or struck out |
|---|---|
| Section 20C (landlord's costs of the case) | Refused (from the later costs ruling on this case, linked below) |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Fairhold Homes (No 20) Limited |
| Management company | none named |
| Managing agent | FirstPort Retirement Property Services |
| Building | A block, 32 flats |
| Service charge years in dispute | 2021 |
| 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 |
Read from the decision automatically: a regular-expression pass, then a language model whose every value must quote the decision word for word. Compare with the original.
What the decision says
- flats n
Maple Tree Court (the Property) is a retirement housing development of 32 leasehold flats
- freeholder
Respondent : Fairhold Homes (No 20) Limited
- agent
Respondent’s Managing Agents, FirstPort Retirement Property Services (FirstPort)
- outcome
For all of the reasons set out above, the Tribunal dismisses the Application for an equitable “set off”.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
Later rulings on the same case (costs, section 20C, permission to appeal): 19 Feb 2023.
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