Flat 1B, 22.23 Hyde Park Place, London W2 2LP LON/00BK/LAC/2020/0016-RULE-50-CORRECTION

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00BK/LAC/2020/0016-RULE-50-CORRECTION

Between

Mehnaz Arshad MalikApplicant

22/23 Hyde Park Place Freehold LimitedRespondent

Before

Judge Professor Robert Abbey

Mr Peter Roberts Dip Arch RIBA (Professional Member)

Gavin Bennison of Counsel for the Applicant

Philip Byrne of Counsel For the determination of the liability to pay and reasonableness for the Respondent

Date 13 April 2021

Property: London W2 2LP

Type of application: of service charges (s.27A Landlord and Tenant Act 1985) Judge Professor Robert Abbey

DECISION

[1]In paragraph (6) of the original decision it was stated that “The tribunal further determines that it is just and equitable in the circumstances for an order to be made under section 20C of the Landlord and Tenant Act 1985 that 100% of the costs incurred by the applicant in connection with these proceedings should not be taken into account in determining the amount of any service charge payable by the tenants.”. This was in error because the applicant made a section 20C application, but of course in respect of the respondent’s costs (as lessor).

[2]To correct this error the Tribunal applies Rule 50 of the of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 S.I. 2013 No. 1169 (L. 8) and substitutes the words set out below for the incorrect wording set out above. The same applies to paragraph 40 of the original decision. Furthermore, In the original decision the Tribunal did not expressly deal with the applicant’s application for an order under Schedule. 11, paragraph 5A of Commonhold and Leasehold Reform Act 2002. This was meant by the Tribunal to be covered by paragraph (6) and the above clause is therefore amended again as follows to cover both errors, “The tribunal further determines that it is just and equitable in the circumstances for an order to be made under section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 that 100% of the costs incurred by the respondent in connection with these proceedings should not be taken into account in determining the amount of any service or administration charge payable by the tenant”.

[3]Finally paragraph 24(m) of the decision should read “unspecified ‘Professional fees 01/10/2020 – 01/20/2020 [no invoice provided], £760.80” and not relating to a Fresh Management fee £1500.

[4]To correct these errors the Tribunal applies Rule 50 of the of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 S.I. 2013 No. 1169 (L. 8). Therefore, clause (6) of the original decision and 24(m) should read as set out in the latter part of paragraphs 2 and 3 above. Name: Prof Robert M Abbey Date: 13 April 2021