20 Pyrford Gardens Belmore Lane Lymington SO41 3NR CHI/24UJ/LSC/2019/0006
DECISION
[4]The Applicants do not challenge the evidence provided by John Gray & Co save that a further sum of £41.95 is due for 2015. Their calculations are set out in paragraph 3 above.[5]The methodology used by the Applicants is flawed. The refund due to them is the difference between what they have paid (£2,400) and what they are obliged to pay, being the sum of 1/22nd of total expenditure less £390 management fee (£2,050.95) plus 4.55% for their management fee (£93.32). This gives a total due from the Applicants for 2015 of £2,144.27. As they have already paid £2,400 the refund due is £255.73.[6]As indicated at paragraph 3 above this sum has been paid and nothing further is therefore due. Costs[7]The Applicants seek an Order under Section 20C Landlord and Tenant Act 1985 preventing the Respondent placing any of their costs of these proceedings onto the service charge.[8]Whilst the outcome of proceedings does not necessarily determine whether such an order be made, in this case where the Applicants have been wholly unsuccessful it would not be equitable for the Tribunal to order the Respondents to bear their own costs. For this reason, I decline to make the order requested. D Banfield FRICS 23 May 2019 Appeals[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.