6 Winston Close, Romford, Essex, RM7 8LL LON/00AR/LSC/2021/0025
DECISION
[4]It is patently clear from the documents provided by the Applicant that the Respondents have not served proper demands. Their predecessors who were Stiles Harold Williams Partnership LLP apparently did serve the statement of rights and obligations when they made demands of the Applicant. In contrast the invoices sent by the Applicant that she had received from the Respondents do not comply with section 21B because there is no summary of rights and obligations attached. Accordingly, the Tribunal must reach the conclusion on the evidence before it that none of the sums claimed by the Respondents are due for the period in question. It is perplexing that the Respondents have failed to comply with obligations which are well known to managing agents.[5]Accordingly, the Tribunal determines that none of the sums claimed for the period in question namely March 2018 to March 2021 inclusive ( a total sum of £4500. 68) are due. In addition, the Tribunal determines that it will exercise its discretion in favour of the Applicant in relation to section 20C of the Landlord and Tenant Act 1985. This will preclude the Respondents from recovering any of its costs incurred in these proceedings via the service charge.[6]Finally, the Tribunal would comment as follows. It is plain that the Applicant has had a poor service from the Respondents. She has written to them repeatedly asking for information which they ought to have provided. Instead of providing this information they have at best “stonewalled” her. It is understood that there are other properties in the block presumably also managed by the same managing agents. It seems very likely that they also will bring challenges against the managing agents and they would be well advised to resolve the management issues urgently otherwise their tenure in managing the premises is likely to come to an end very soon. 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.