Flat 21 Century House, 245 Streatham High Road, London SW16 6ER LON/00AY/LSC/2020/0153
[1]FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) and IN THE COUNTY COURT AT WANDSWORTH, sitting at 10 Alfred Place, London WC1E 7LR Case reference : LON/00AY/LSC/2020/0153 County court claim numbers : E89YX446 F06YX786 HMCTS code (paper, video, audio) : V: CVPREMOTE Property : Flat 21 Century House, 245 Streatham High Road, London SW16 6ER Applicant/Claimant : Century House (Freehold) Ltd Respondent/Defendant : Hugh Robert MacCorgarry Type of application : Service and Administration Charges – transfer from County Court Tribunal members : Judge Nicol Ms S Coughlin MCIEH Date of decision : 4th January 2021[3](1) On 17th November 2020 the Tribunal purported to determine that the sum of £1,692.40 is payable by the Respondent to the Applicant in respect of service and administration charges.(2) The Applicant had conceded that Directors & Officers Insurance was not payable as a service charge. In the year 2016-17, £68.35 had nevertheless been included in the service charges. The Respondent’s share of £1.73 had been included in the Applicant’s claim.(3) The Tribunal mistakenly omitted to exclude this sum. Therefore, the amount payable by the Respondent to the Applicant in respect of service and administration charges must be reduced by £1.73 from £1,692.40 to £1,690.67 and the Tribunal’s decision is amended in accordance with rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.(4) The court order is similarly amended under the slip rule.[5]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. 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. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).