Service Charge Check
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← Decisions near DT6 6AU

Variously 14 properties within Fernhill Heights, Charmouth, Dorset, DT6 6AU /

CHI/19UH/LSC/2020/0073 · service charges · Dorset · decided 18 May 2021

The tribunal found the landlord cannot recover through the service charge its legal costs of disputes with the owners of the Hotel and House for 2016 to 2019 and future years, and the tribunal is minded to make s20C and costs orders in the leaseholders' favour.

OutcomeNot payable
Section 20C (landlord's costs of the case)Not clear
Section 20 consultationNot in issue
Who appliedLeaseholder(s)
Freeholder / landlordGalliard Homes Limited
Management companynone named
Managing agentCrown Property Management Ltd
BuildingAn estate, 51 flats
Service charge years in dispute2016, 2017, 2018, 2019
Items in disputelegal and professional fees
Items disallowed or reducedlegal and professional fees
Total demanded£101,126
Total found payablenot stated as one figure
Fees or costs orderedrespondent to reimburse the applicants' fees £300 (minded to order)

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What the decision says

flats n
[name] is a holiday complex comprising 51 leasehold units
freeholder
The Respondent, Galliard Homes Limited (‘Galliard’), is the freehold owner and developer of [name].
agent
Crown Property Management Ltd (‘CPM’) has performed that role
years
for the years 2016, 2017, 2018 and 2019
outcome
the recovery of the Respondent’s legal costs incurred in the dispute and litigation against both the House and the Hotel are not permissible under the terms of this lease
items reduced
the Tribunal finds the Respondent was not permitted to recover as service charge under the terms of the lease the following
total demanded
These costs amount to a total of £101,126.00
costs
the Tribunal also is minded to order the Respondent to reimburse the Applicants with £300

The passages each figure was read from, verbatim. People's names are replaced with [name].

The original

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