Consent Order on Service Charges in First-tier Tribunal
📌 In brief
The First-tier Tribunal made a consent order where the tenant agreed to pay 60% of the landlord's insurance costs. The claimant withdrew the remaining application under the Commonhold and Leasehold Reform Act 2002.
⚖️ Legal holding
A tenant is entitled to pay a proportion of the landlord's insurance costs as per their lease agreement.
📖 Technical summary
The Tribunal made a consent order regarding service charges under the Landlord and Tenant Act 1985. The claimant withdrew the remaining application under the Commonhold and Leasehold Reform Act 2002.
📜 Headnote Official document
The Tribunal made a consent order regarding service charges under the Landlord and Tenant Act 1985. The claimant agreed to pay 60% of the landlord's insurance costs. The claimant withdrew the remaining application under the Commonhold and Leasehold Reform Act 2002.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AE/LSC/2020/0305 HMCTS code (paper, video, audio) : V: CVP Video Remote Property : 39A [ADDRESS] [POSTCODE] Applicant : [redacted] : In person Respondent : [redacted] : In person Type of applications : Liability to pay service charges and alleged breach of covenant Tribunal members : Judge N [NAME] M.Sc Dates of remote hearing : 4 June 2021 Date of decision : 4 June 2021
DECISION
Covid-19 pandemic: VIDEO HEARING This has been a remote video hearing which has been consented to by the parties. The form of remote hearing was V: CVP REMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined at a remote hearing. The documents that we were referred to, the contents of which we have noted, are in a bundle of 185 pages.
2 1. There are two matters before the Tribunal: (1) an application under section 27A of the Landlord and Tenant Act 1985; and (2) an application under section 168(4) of the Commonhold and Leasehold Reform Act 2002.
2. Pursuant to its power under paragraph 35 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal makes a consent order disposing of the dispute under section 27A of the Landlord and Tenant Act 1985 the following terms: It is agreed that the pursuant to the terms of his lease “the due proportion of such sum or sums as the [NAME] shall pay for keeping the Building insured” which is payable by the Respondent is 60%.
3. The Applicant applied orally at the hearing to withdraw this application insofar as it concerns all other outstanding matters, namely the application under section 168 of the Commonhold and Leasehold Reform Act 2002. The parties have reached an agreement between themselves, a copy of which has been sent by email to the Case Officer, and the Applicant stated that he no longer wishes to pursue the remainder of the application. Pursuant to rule 22 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) the Tribunal consented to the withdrawal.
Name: Judge N Hawkes Date: 4 June 2021
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Chimney Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Reasonableness of Service Charges
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Service Charge Reasonableness
- First-tier Tribunal (Property Chamber) Tenant Secures Rent Repayment Order for Unlicensed Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent Considering Tenant Improvements
- First-tier Tribunal (Property Chamber) Tribunal Appoints Manager to Oversee Property Management
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Rent Repayment Order for Unlicensed Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Reduces Unreasonable Management Fees
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is liable to pay 60% of the building insurance costs as specified in their lease agreement.
- The Tribunal allowed the applicant to withdraw the application concerning other outstanding matters.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal made a consent order regarding service charges under the Landlord and Tenant Act 1985.
Who was involved?
The tenant agreed to pay 60% of the landlord's insurance costs.
How did the court decide, and why?
The court decided based on the terms of the lease agreement between the tenant and landlord.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 s.27A and the Commonhold and Leasehold Reform Act 2002 s.168(4) were applied.
What was the argument that mattered most?
The argument that mattered most was the interpretation of the lease agreement regarding service charges.
Was the decision for or against the person who brought the case?
The decision was for the claimant, as they agreed to the terms of the consent order.
What does this mean for someone in a similar situation?
Someone in a similar situation should review their lease agreement carefully to understand their obligations regarding service charges.
What evidence or documents mattered?
The lease agreement and relevant statutory provisions were the primary evidence considered.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for legal cases involving lease agreements and service charges.