Landlords Cannot Pass Service Charge Costs to Tenants

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BG/LSC/2021/0453 Property : Flats 1-7 and 9, 40 [ADDRESS] [POSTCODE] Applicants : [redacted] Representative : Mr [COUNSEL] (flat 4) and Mr [COUNSEL] (Flat 1) Respondent : [redacted] : [RESPONDENT] of [NAME] : For the determination of an [NAME] under Section 20C of the Landlord and Tenant Act 1985 Tribunal members : Judge Pittaway Ms S Phillips MRICS Mr J Naylor MRICS MIRPM Date of decision : 19 July 2022

DECISION

2 Description of hearing This has been a remote hearing on the papers which has not objected to by the parties. The form of remote hearing was P:PAPERREMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined on paper

Decisions of the tribunal The tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 so that the respondent may not pass any of its costs incurred in connection with the tribunal’s determination of the liability to pay service charges under section 27A of the Landlord and Tenant Act 1985 dated 27 June 2022 made under the same case reference (the ‘s27A Determination’) to the applicants

[NAME] under s.20C 1. Contemporaneously with their [NAME] for a determination under s27A Landlord and Tenant Act 1985 the applicants made an [NAME] under s20C of the 1985 Act that the costs in connection with the proceedings should not be included in any service charge payable by the applicants.

2. At the hearing it was agreed that this [NAME] should follow the s27A Determination.

3. The tribunal directed in the s27A Determination that if the respondent wished to challenge the s.20 [NAME] it should provide the tribunal and the applicants with full details of the costs being sought by 14 July 2022.

4. As at 18 July 2022 the tribunal had received nothing from the respondent. Reasons for the tribunal’s decision 5. The respondent has not challenged the s.20C [NAME] by the applicants as provided for in the s27A Determination.

6. Taking into account the s27A Determination and the absence of challenge by the respondent of the S20C [NAME] the tribunal determines that it is just and equitable in the circumstances for an order to be made under s20C of the Landlord and Tenant Act 1985 so that the respondent may not pass any of its costs incurred in connection with the proceedings relating to the s27A Determination before the tribunal through the service charge.

3

Name: Judge Pittaway Date: 19 July 2022

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).