Tenant Withdraws Service Charge Applications in First-tier Tribunal

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME])

Case Reference

:

CHI/29UQ/LSC/2024/0136 & CHI/29UQ/LBC/2024/0014

[NAME]

:

52A The Pantiles, Tunbridge Wells, [POSTCODE]

Applicant: [redacted]

Respondent: [redacted]

:

Mr [COUNSEL], [NAME] Director of [RESPONDENT[COMPANY] of Application

:

Determination of liability to pay and reasonableness of service charges Section 27A Landlord and Tenant Act 1985

Tribunal Members

:

Judge Gethin Regional Judge [NAME] of Decision

:

13 June 2025

DECISION

2 Decision of the Tribunal

1. On 22 May 2025, the Applicant notified the Tribunal that the parties had reached agreement.

2. At the hearing, the Applicant applied orally to withdraw the outstanding applications for determination of liability to pay and reasonableness of service charges for the year 2024 under section 27A of the Landlord and Tenant Act 1985, as well as orders pursuant to Section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 of the Commonhold and Leasehold Reform Act 2002. The Tribunal consented to this withdrawal (Rule 22(1)(a) and (3) Tribunal Procedure Rules 2013).

3. The Tribunal will notify parties of this withdrawal by arranging for a copy of this decision to be sent to the parties (Rule 22(7) Tribunal Procedure Rules 2013).

Background

4. The Applicant has made an application for determination of liability to pay and reasonableness of service charges for the year 2024 and refers to issues in relation to cladding that was undertaken at the [NAME].

5. The Applicant also seeks an Order under S168(4) of the Commonhold and Leasehold Reform Act 2002 that the Respondent has breached covenants in its lease.

6. Both applications were made on 1 August 2024.

7. The Applicant is the lessee of the [NAME]. Only a lessor (landlord) and can make an application under section 168(4). At the Case Management and Dispute Resolution Hearing held on 26 February 2025 at which the Applicant and Mr [COUNSEL], as the Respondent Company’s representative, attended, the Applicant accepted that the Tribunal did not have the jurisdiction to deal with her application under S168(4).

8. The Applicant further seeks orders pursuant to Section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 of the Commonhold and Leasehold Reform Act 2002.

The Hearing

9. [APPELLANT] appeared in person as the Applicant.

3

10. Mr [APPELLANT], [NAME] Director of [RESPONDENT[COMPANY], appeared on behalf of the Respondent. Ms [RESPONDENT] [NAME], Executive Operations Manager attended alongside [NAME].

11. The Tribunal had before it a bundle of documents totalling 297 pages (the Bundle) which was provided by the Respondent.

12. At the outset of the hearing, and further to her email to the Tribunal dated 22 May 2025, the Applicant confirmed that she wished to withdraw her outstanding applications. The Respondent confirmed their agreement to the withdrawal.

13. The Tribunal confirmed it agreed to the withdrawal.

14. The Tribunal’s involvement in this matter was therefore at an end.

RIGHTS OF APPEAL

15. By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

16. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to [EMAIL].

17. The application for permission to appeal must arrive at the Tribunal (Southern Region) within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

18. 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.

19. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the [NAME] and the case number), state the grounds of appeal and state the result the party making the application is seeking.