Khalid HussainApplicantSalisbury Place ( Dagenham) Management Company LimitedRespondent
Before
Judge ShepherdJohn Naylor FRICSDate 31 January 2024Property: 59 Webbscroft Road, Romford, RM107NLType of application: reasonableness of service charges pursuant to s27A LTA 1985 Judge Shepherd
DECISION
[8]On a balance of probabilities we decide that the service charge demands were received by the Applicant. The demands were sent to his address in a timely fashion and therefore they did not fall foul of the 18 - month rule under s.20B Landlord and Tenant Act 1985. The sums were accordingly due and payable. The “surcharge”[9]The £1000 additional charge made at a time when the Respondents were facing the very real risk of being wound up was both reasonable and prudent. It was also permitted under the lease (see paragraph 10 of the third schedule). The insurance issue[10]We are satisfied that the insurance premiums which increased as a result of the flood are reasonable and payable. The Applicant failed to offer any alternative quotes. Failure to comply with the lease and failure to provide financial information[11]The Applicant failed to elucidate on this argument at the hearing. To all intents and purposes the documents suggest that the managing agents did comply with the lease as did the Respondents themselves. There were inherent delays when John Price died. These are entirely excusable. The alleged failure to provide information was not proven and would not in any event affect a decision under s.27A Landlord and Tenant Act 1985. Summary[12]All of the sums claimed by the Respondents are due save for the overpaid sum of £335.70.[13]Following correspondence from the Applicant I have reviewed the decision in order to consider his applications under s.20C Landlord and Tenant Act 1985 and s.5A of Schedule 11 of the Commonhold and Leasehold Reform Act 2002. Both applications are refused. The Application was substantially unsuccessful. The Applicant was out of time in seeking to appeal the original decision but my review means that he retains appeal rights with effect from 12th April 2024 ( see further below). Judge Shepherd 31st January 202412th April 2024 ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal.