Properties at Portershill Drive, Shirley, Solihull, B90 4DS
BIR/00CT/LIS/2018/0058 · LIS · Solihull · decided 5 Mar 2019
figures not yet checkedThe tribunal decided that the rent payable under the headlease for the common parts, including the warden's flat, cannot be recovered from leaseholders as a service charge, and made an order under section 20C protecting them from the landlord's litigation costs, along with an order under paragraph 5A of Schedule 11.
| Outcome | Not payable |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | Danesdale Land Limited |
| Management company | Warwickshire Hamlets Limited |
| Managing agent | none named |
| Building | An estate, 35 flats |
| Service charge years in dispute | 2013 |
| Items in dispute | other |
| Items disallowed or reduced | other |
| 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
the Development consisted of 35 residential units let on standard leases
- freeholder
First Respondent : Danesdale Land Limited
- management company
Second Respondent : Warwickshire Hamlets Limited
- years
Service Charge Accounts - Year ending 31st of March 2013
- outcome
the Tribunal does not consider that the Applicants are liable for any rent payable under the Headlease as a service charge recoverable as part of the Maintenance Expenses
- items reduced
the Tribunal does not consider that the Applicants are liable for any rent payable under the Headlease as a service charge recoverable as part of the Maintenance Expenses
- s20c
the Tribunal orders, under Section 20C of the Act, that any such costs are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicants
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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