The Empire, Grand Parade, Bath BA2 4DF
CHI/00HA/LSC/2022/0078 · service charges · Bath and North East Somerset · decided 21 Dec 2022
No plain-English summary for this decision yet. See the original.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Not clear |
| Section 20 consultation | Dispensation granted |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | Pegasus Court Management Limited |
| Managing agent | FirstPort Retirement Property Services Limited |
| Building | A block, 43 flats |
| Service charge years in dispute | 2021, 2022 |
| Items in dispute | legal and professional fees, repairs and maintenance |
| Items disallowed or reduced | repairs and maintenance |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent to reimburse the applicant £150 of the tribunal fees (provisional) |
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What the decision says
- flats n
There were 43 apartments comprising a mixture of one, two and three bedroom units
- management company
Pegasus Courts Management Limited
- agent
FirstPort Retirement Property Services Limited (described by the Applicant as the acting managing agent for the Property)
- years
Applicants applied for determination of service charges for 2021, and 2022
- outcome
The Tribunal decides that the costs claimed of £24,164.64 were unreasonably incurred within the meaning of section 19(1)(b) of the 1985 Act.
- items reduced
The Tribunal decides that the costs claimed of £24,164.64 were unreasonably incurred within the meaning of section 19(1)(b) of the 1985 Act.
- s20c
If there had been authority under the lease to recover costs of the legal proceedings through the service charge, the Tribunal would have made an order under section 20C of the 1985 Act
- s20
The Tribunal finds that the Applicants waived their right to be consulted on the works erecting the 28 Titan Props.
- costs
The Tribunal makes a provisional order that the First Respondent will reimburse the Applicant with a contribution of £150 to the fees.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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