The Cottage (Flat 4), 46 Fitzroy Street, Sandown, IOW PO36 8HW
· other · Isle of Wight · decided 23 Oct 2019
The tribunal found that no service charges for 2014 to 2019 are payable as demanded because the required summaries of tenants' rights were not shown to have been sent, legal costs were not recoverable through the service charge, and the landlord's costs of these proceedings cannot be added to the service charge.
| 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 | not a company, or not stated |
| Management company | none named |
| Managing agent | EMS (Hants) Limited |
| Building | One flat, 3 flats |
| Service charge years in dispute | 2014, 2015, 2016, 2017, 2018, 2019 |
| Items in dispute | insurance, legal and professional fees, management fees, other |
| Items disallowed or reduced | legal and professional fees, other |
| Total demanded | £12,154.04 |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
the subject building forms three flats and a cottage
- agent
EMS (Hants) Limited – Managing Agents
- years
for the period 25th May 2014 to 2019.
- outcome
none of the service charges in any of the years are payable
- items reduced
the Tribunal determines that none of the legal costs claimed in any of the relevant years may properly be regarded as service charge costs
- total demanded
the total value of dispute was stated to be £12,154.04
- s20c
The Tribunal orders pursuant to Section 20C of the 1985 Act that none of the
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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