Mr M D Rayner Miss N Richmond Mr P G South Miss C Wickens v Braear Developments Ltd (Southern : Section 27A, Section 20C and Rule 13 (2)) [2015] UKFTT RP_CHI_29UQ_LSC_2014_0132 (29 June 2015)

Mr M D Rayner Miss N Richmond Mr P G South Miss C Wickens v Braear Developments Ltd (Southern : Section 27A, Section 20C and Rule 13 (2)) [2015] UKFTT RP_CHI_29UQ_LSC_2014_0132 (29 June 2015)

The Tribunal determined whether the service charges in dispute were payable and exercised its discretion regarding costs under Section 20C and Rule 13(2) based on the conduct of the parties and the reasonableness of the charges.

Citation
[2015] UKFTT RP_CHI_29UQ_LSC_2014_0132
Parties
Applicant: Mr M D Rayner; Applicant: Miss N Richmond; Applicant: Mr P G South; Applicant: Miss C Wickens; Respondent: Braear Developments Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2015
Procedural Posture
First Tier Tribunal (property Chamber) / Decision
Outcome
application partly allowed
Legal Topics
Service Charges, Section 27 a, Section 20 C, Rule 13(2)
Property Law Landlord and Tenant Service Charges Section 27 a Section 20 C Rule 13(2)

Case Brief

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Parties

Mr M D Rayner

Applicant

Miss N Richmond

Applicant

Mr P G South

Applicant

Miss C Wickens

Applicant

Braear Developments Ltd

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Decision

Legal Issues

  1. 1 Whether service charges are payable under Section 27A of the Landlord and Tenant Act 1985
  2. 2 Whether costs should be awarded under Section 20C and Rule 13(2)

Ratio Decidendi

The Tribunal determined whether the service charges in dispute were payable and exercised its discretion regarding costs under Section 20C and Rule 13(2) based on the conduct of the parties and the reasonableness of the charges.

Court Disposition

application partly allowed

Orders

  • Determination of service charges payable under Section 27A
  • Order under Section 20C preventing recovery of costs through service charge