First-tier Tribunal Corrects Minor Error in Tenant's Service Charge

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) and IN THE COUNTY COURT AT WANDSWORTH, sitting at 10 [ADDRESS] [POSTCODE] Case reference : LON/00AY/LSC/2020/0153 County court claim numbers : E89YX446 F06YX786 HMCTS code (paper, video, audio) : V: CVPREMOTE Property : Flat 21 [APPELLANT], 245 [ADDRESS] [POSTCODE] Applicant/Claimant: [redacted] Respondent/Defendant : [redacted] : Service and Administration Charges – transfer from County Court Tribunal members : Judge Nicol Ms S Coughlin MCIEH Date of decision : 4th January 2021

NOTIFICATION OF AMENDED DECISION

(1) On 17th November 2020 the Tribunal purported to determine that the sum of £1,692.40 is payable by the Respondent to the Applicant in respect of service and administration charges. (2) The Applicant had conceded that [NAME] was not payable as a service charge. In the year 2016-17, £68.35 had nevertheless been included in the service charges. The Respondent’s share of £1.73 had been included in the Applicant’s claim. (3) The Tribunal mistakenly omitted to exclude this sum. Therefore, the amount payable by the Respondent to the Applicant in respect of service and administration charges must be reduced by £1.73 from £1,692.40 to £1,690.67 and the Tribunal’s decision is amended in

2 accordance with rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. (4) The court order is similarly amended under the slip rule.

Name: Judge Nicol Date: 4th January 2021

Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).