Applications Struck Out After Parties Reach Agreement

OUTCOME: Struck Out

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/00ML/LSC/2020/0117

Property

: (1)[ADDRESS] [POSTCODE]; (2)[ADDRESS] [POSTCODE] (3)[ADDRESS] [POSTCODE]; (4) [ADDRESS], [POSTCODE] (5)[ADDRESS] [POSTCODE] Applicant

: [redacted] Schedule.

Representative

:

[NAME] for Tenants

Respondent: [redacted]

Representative

:

[COUNSEL] LLP

Type of Application

:

Service Charge (section 27A of the Landlord and Tenant Act 1985) Landlord’s Costs (section 20C of the Landlord and Tenant Act 1987)

Date and venue of Hearing

:

Havant Justice Centre 30 November 2021

Tribunal Member(s)

: Judge [NAME] [NAME] of Directions

:

30 November 2021

DECISION TO STRIKE OUT RULE 9(2)(a) of Tribunal Procedure Rules 2021

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1. This case concerns a demand for payment of service charges by [RESPONDENT] and Hove City Council (“BHCC”) in September 2018 for major repairs to The Clarendon Ellen Estate. The total cost to the estate was £7,894,783.89 being a cost of approximately £26,000 to leaseholders of a one bedroom flat. The Applicants also submitted an application under section 20C of the Landlord and Tenant Act 1985 to prevent the landlord from recovering costs of the proceedings against the named leaseholders through the service charge.

2. On 29 November 2021 the Tribunal heard the opening of Mr [COUNSEL], Counsel for the Respondent.

3. On 30 November 2021 Mr [COUNSEL], Counsel for the Applicants informed the Tribunal that (1) the parties had reached an agreement in respect of the service charges pursuant to section 27A(4)(a) of the Landlord and Tenant Act 1985; (2) they had also agreed that none of the Landlord’s costs in respect of these proceedings including the associated applications under section 20C and for dispensation under section 20ZA are to be regarded as relevant costs to be taken into account in determining the amount of any service charges payable by the Applicants; and (3) the Respondent had agreed not to demand from the Applicants by way of administration charge any of its litigation costs in connection with the proceedings.

4. The Tribunal was not made aware of the terms of the agreement in connection with service charges which remain confidential between the parties.

5. The Tribunal was invited to strike out the applications on the ground that it had no jurisdiction to determine them because of the agreement between the parties.

DECISION

6. The Tribunal strikes out the Application under section 27A (CHI/00ML/LSC/2020/0117) and the Application under section 20C of the Landlord and Tenant Act 1985 (dated 9 November 2020) pursuant to rule 9(2)(a) of the Tribunal Procedure Rules 2013.

3 RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making application by email to [EMAIL].

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

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