Tenant's Application Settled for Credit and Waiver of Charges
📌 In brief
In a recent case, a tenant applied for a credit and waiver of additional charges. After hearing both sides, the First-tier Tribunal agreed to a settlement where the tenant received a credit of £681.21 and had their additional charges waived.
⚖️ Legal holding
A tenant is entitled to a credit and waiver of additional charges under certain conditions.
📖 Technical summary
The tribunal dismissed the application after the parties agreed to a settlement.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) heard an application by a tenant for a credit and waiver of additional charges. The parties agreed to a settlement, granting the tenant a credit of £681.21 and waiving further interest, fees, and charges.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT 2019
1
Case Reference : CAM/11UC/LIS/2019/0009
Property : 105 [ADDRESS], [POSTCODE]
Applicants : [redacted]
Respondent: [redacted]
(Kensington) Limited
Represented by [NAME] : 15th April 2019
Type of Application : Section 27A(1) and (3) Landlord and Tenant Act 1985 and Schedule 11(5)(a) Commonhold and Leasehold Reform Act 2002
Tribunal
: Judge J. Oxlade
M. Krisko BSc (EST MAN) FRICS
Date and venue of : 26th [ADDRESS], [POSTCODE]
________
DECISION ______
[COUNSEL] for the Applicants AND UPON HEARING Counsel [COUNSEL] [NAME] for the Respondent,
S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
© CROWN COPYRIGHT 2019
2 AND UPON THE PARTIES agreeing terms in full and final settlement of the Applications, by which the Respondent agrees to apply a credit to the Applicants account in the sum of £681.21 and agrees to waive any interest, fees, and charges accrued additionally since the issue of the demand dated 4th January 2019 (attached as Appendix A) the Tribunal makes the no Order on the applications.
…………………..
Judge J. Oxlade
26th July 2019
© CROWN COPYRIGHT 2019
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APPENDIX A
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Wins Reimbursement for Application Fees in Service Charge Dispute
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Reasonable Costs for Tenants Seeking New Lea…
- First-tier Tribunal (Property Chamber) Tribunal Excludes Unreasonable Costs from Residential Service Charges
- First-tier Tribunal (Property Chamber) Tribunal Grants £250+ Fire Safety Works Dispensation in Slough
- First-tier Tribunal (Property Chamber) Tribunal Allows Right to Manage Claim for Flats Above Shop in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal varies management order for residential property
- First-tier Tribunal (Property Chamber) Tenant Entitled to Freehold Under Leasehold Reform Act 1967 - First-tier Tr…
- First-tier Tribunal (Property Chamber) Tribunal Sets £68,822 Premium for Lease Extension of Flat A in Camden
- First-tier Tribunal (Property Chamber) Tribunal allows borough to pass on insurance costs to leaseholders
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Lease Premium Under the 1993 Act
- First-tier Tribunal (Property Chamber) Tribunal Sets £45,082 Premium for New Lease in Sutton
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules Unreasonable Administration Charges Unenforceable
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 parties agreed to terms for a full and final settlement of the applications.
- The respondent agreed to apply a credit of £681.21 to the applicants' account.
- The respondent agreed to waive any additional interest, fees, and charges.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal allowed the application for a credit of £681.21 and waived additional interest, fees, and charges.
What was the dispute about?
The dispute was about a credit of £681.21 and the waiver of additional interest, fees, and charges.
How did the court decide, and why?
The court decided to allow the application because the parties agreed to settle the matter with a credit of £681.21 and waived additional interest, fees, and charges.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 and the Commonhold and Leasehold Reform Act 2002 were applied.
What was the argument that mattered most?
The argument that mattered most was the agreement between the parties to settle the matter with a credit of £681.21 and waived additional interest, fees, and charges.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be entitled to a credit and waiver of additional charges if they can reach an agreement with their landlord.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
