Mr N Clay v HalfTide Dock Limited (Northern : Section 27A(1) and Section 20C) [2016] UKFTT RP_MAN_00BY_LSC_2014_0136 (05 July 2016)

Mr N Clay v HalfTide Dock Limited (Northern : Section 27A(1) and Section 20C) [2016] UKFTT RP_MAN_00BY_LSC_2014_0136 (05 July 2016)

The tribunal determined that the maximum sum recoverable by way of management charges from the applicant is £100 for each of the service charges in question, and made an order under Section 20C preventing the respondent from recovering legal costs through the service charge.

Citation
[2016] UKFTT RP_MAN_00BY_LSC_2014_0136
Parties
Applicant: Mr N Clay; Respondent: HalfTide Dock Limited
Jurisdiction
England and Wales
Judgment Date
05 July 2016
Procedural Posture
Section 27 A(1) and Section 20 C Application / Decision
Outcome
Application allowed in part
Legal Topics
Service Charges, Management Charges, Leasehold Rights
Property Law Landlord and Tenant Service Charges Management Charges Leasehold Rights

Case Brief

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Parties

Mr N Clay

Applicant

HalfTide Dock Limited

Respondent

Procedural Posture

Section 27 A(1) and Section 20 C Application / Decision

Legal Issues

  1. 1 What is the maximum sum recoverable by way of management charges from the applicant under the lease?
  2. 2 Should an order under Section 20C be made to prevent the respondent from recovering legal costs through the service charge?

Ratio Decidendi

The tribunal determined that the maximum sum recoverable by way of management charges from the applicant is £100 for each of the service charges in question, and made an order under Section 20C preventing the respondent from recovering legal costs through the service charge.

Court Disposition

Application allowed in part

Orders

  • The maximum sum recoverable by way of management charges from the applicant is £100 for each service charge.
  • An order under Section 20C is made preventing the respondent from recovering legal costs through the service charge.