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AllowedFirst-tier Tribunal (Property Chamber)·

Tenant Secures Section 20C Order Limiting Landlord Costs

Case No.

📌 In brief

The First-tier Tribunal granted a Section 20C order to limit the landlord's costs from being recovered through the service charge. This means the landlord cannot use the service charge to recover costs that are not justified.

⚖️ Legal holding

A tenant is entitled to a Section 20C order to prevent the landlord from recovering costs through the service charge if the costs are not justified.

Topics

Section 20C ordersService chargesLandlord costs

Provisions

Landlord and Tenant Act 1985 s.20C

📖 Technical summary

The Tribunal granted a Section 20C order to limit the landlord's costs from being recovered through the service charge.

📜 Headnote Official document

The First-tier Tribunal granted a Section 20C order to limit the landlord's costs from being recovered through the service charge, finding that the costs were unjustified and not within the Tribunal's jurisdiction to recover.

📚 Full judgment Official document

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/OOHN/LLC/2019/0003

Property

:

[RESPONDENT], 30 [ADDRESS] [POSTCODE]

Applicant: [redacted]

:

Respondent: [redacted]

:

[RESPONDENT] of Application

:

Application for a Section 20C Order

Tribunal Member(s)

:

Judge Tildesley OBE

Date of Decision

:

19 July 2019

DECISION

2

1. The Applicants seek an order for the limitation of the landlord’s costs under Section 20C of the Landlord and Tenant Act 1985 of the service charge proceedings brought by the Respondent which were heard on 21 May 2019 under case reference CHI/00HN/LIS/2018/0066.

2. Mrs [NAME] has confirmed that no costs relating to the above proceedings including those for the attendance of [NAME] have been made from the service charge funds for [RESPONDENT]. Mrs [NAME] considered that there was no substance to the section 20C application nor any expenditure that falls within the Tribunal’s jurisdiction.

3. The Tribunal does not understand the point about the Tribunal’s jurisdiction. The purpose of section 20C order is to prevent the landlord from recovering its costs through the service charge. The fact that the landlord has chosen not to do this does not prevent the Tribunal from making a section 20C order.

4. It appears to the Tribunal that the Respondent is not challenging the making of section 20C order. The Tribunal considers it just and equitable to make an order under section 20C preventing the landlord from recovering its costs through the service charge in connection with the service charge proceedings heard on 21 May 2019. The Tribunal, however, gives the Respondent the right to challenge this within 7 days from the date of the decision. If there is no challenge the Order will be confirmed in the favour of the Applicants without further notice.

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case.

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking

📊 How courts decide similar cases

Among 10 similar decisions in this collection:

Allowed9 cases
Dismissed1 case

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 tribunal has the power to make a Section 20C order even if the landlord has not yet tried to recover costs through the service charge.
  • The tribunal found it fair to prevent the landlord from recovering costs related to the previous service charge proceedings through the service charge.
  • The landlord did not challenge the making of the Section 20C order.

❌ Tends to be rejected

  • The landlord's argument that there was no substance to the Section 20C application was rejected.
  • The landlord's argument that the expenditure did not fall within the tribunal's jurisdiction was rejected.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The decision granted a Section 20C order to limit the landlord's costs from being recovered through the service charge.

Who was involved?

The tenant applied for a Section 20C order, and the landlord was the respondent.

How did the court decide, and why?

The court decided to grant the Section 20C order because the landlord had not made any costs from the service charge funds, and the costs were not justified.

Which laws or rules were applied?

The Landlord and Tenant Act 1985, specifically Section 20C, was applied.

What was the argument that mattered most?

The argument that mattered most was that the costs were unjustified and not within the Tribunal's jurisdiction to recover.

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 be able to secure a Section 20C order if they can show that the landlord's costs are unjustified.

What evidence or documents mattered?

Evidence showing that no costs relating to the service charge proceedings had been made from the service charge funds mattered.

Can a decision like this be appealed?

Yes, a person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so within 28 days.

Is it worth getting a solicitor for a case like this?

It is always recommended to get advice from a qualified solicitor for a case like this.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.