Mr D Aranda v Ms R Currell, Mr C Currell and Dolphin Land Limited (London : Section 20C and Rule 13) [2017] UKFTT RP_LON_00AU_LSC_2015_0518 (02 February 2017)
The Tribunal determined whether to grant a Section 20C order and whether to award costs under Rule 13 based on the conduct of the parties and the merits of the application.
- Citation
- [2017] UKFTT RP_LON_00AU_LSC_2015_0518
- Parties
- Applicant: Mr D Aranda; Respondent: Ms R Currell; Respondent: Mr C Currell; Respondent: Dolphin Land Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2017
- Procedural Posture
- First Tier Tribunal (property Chamber) Application / Decision
- Outcome
- Section 20C order granted; no order as to costs under Rule 13
- Legal Topics
- Section 20 C, Rule 13, Service Charges, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Mr D Aranda
Applicant
Ms R Currell
Respondent
Mr C Currell
Respondent
Dolphin Land Limited
Respondent
Procedural Posture
First Tier Tribunal (property Chamber) Application / Decision
Legal Issues
- 1 Whether Section 20C of the Landlord and Tenant Act 1985 should be applied to prevent landlord from recovering legal costs through service charges
- 2 Whether costs should be awarded under Rule 13
Ratio Decidendi
The Tribunal determined whether to grant a Section 20C order and whether to award costs under Rule 13 based on the conduct of the parties and the merits of the application.
Court Disposition
Section 20C order granted; no order as to costs under Rule 13
Orders
- Landlord is prevented from recovering legal costs through the service charge under Section 20C
- No order as to costs under Rule 13
Full Case Text
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