Tenant Found Liable for Service Charges and Administration Fees

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) and THE COUNTY COURT AT SOUTHAMPTON

Case reference : CHI/00MS/LSC/2024/0119 Court Claim no. : K12YX255 Property :

[ADDRESS] [POSTCODE]

Applicant: [redacted] Limited

Representative :

PDC Law Lindsey.reid-cookpdclaw.co.uk

Respondent: [redacted]

[NAME] [EMAIL] Representative : ---- Type of application :

Transferred Proceedings from County Court in relation to service charges and related

Judge : Regional Judge Whitney Date of decision :

19 August 2024

DECISION

2

This is a formal order of the Tribunal which must be complied with by the parties.

The parties must comply with the Statement on Tribunal Rules and Procedure and the Guidance on PDF bundles which are enclosed with these directions (if not already provided).

Communications to the Tribunal MUST be made by email to [EMAIL]. All communications must clearly state the Case Number and address of the premises.

Background 1. The Applicant seeks, and following a transfer from the County Court the Tribunal is required to make, a determination of those matters falling with its jurisdiction being service charges and administration fees.

2. The original proceedings were issued in the County Court under Claim No. K12YX255 and were transferred to the Tribunal by District Judge Taylor by order dated 14th June 2024.

3. The Applicant has also claimed contractual costs.

4. The Respondent had filed a Defence.

5. I issued directions listing the matter for a case management hearing. Those directions included a warning that:

If a party or their representative fails to attend or a representative does not have adequate instructions the Tribunal may exercise any and all of its powers under The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 including to strike out a case, bar a party from taking further part or making a costs order. Decision 6. The Applicant complied and was represented by [NAME] [COUNSEL]. The Respondent did not attend. I am satisfied she was notified using the email address provided.

7. I am satisfied that I should exercise my powers to bar the Respondent from defending those matters before the Tribunal being her liability to pay service charges and administration charges.

3 8. I find that the Respondent is liable to pay to the Applicant the service charges claimed in the sum of £743.31 and the administration charges claimed of £522 and that such sums are reasonable.