Red House Apartments, 269 Sanderstead Road, South Croydon, CR2OAG LON/00AH/LSC/2021/0270
DECISION
[7]The Tribunal is satisfied that the Applicant’s solicitors did not fall into error when serving notice on the registered owners of the premises. The fact that Assethold had not registered their ownership was their problem. Whilst the Applicant became aware of the Respondent’s agents his solicitor was not provided with evidence of ownership by Assethold until 22nd November 2021. A registration fee for the notice of transfer will be paid according to the Applicant.[8]It is of some concern that the Respondents are seeking to justify the cost of the debt collection when they had apparently instructed the debt collectors that the Applicant had substantial outstanding service charge arrears when that patently was not correct.[9]The principal problems in this case have been caused by poor administration by the Respondents. They failed to register their ownership of the premises with the Land Registry and of more concern they sought to pursue the Applicant for sums that had already been paid. The sums that they now claim in admin fees are unclear and not justifiable. They appear to originate from the errors already cited. It is not fair or reasonable for the Applicant to pay the cost of the Respondent’s errors.[10]The Tribunal has no hesitation in confirming that none of the remaining disputed sums of £2340 are due. The Tribunal also orders that no costs of the current proceedings should be added to the service charge account pursuant to s 20C Landlord and Tenant Act 1985 and Para 5A of Schedule 11 to the Coommonhold and Leasehold Reform Act 2002. Judge Shepherd 8th February 2022 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application.