- v - (Northern : Schedule 11, Paragraph 5 Section 20C) [2013] UKFTT RP_MAN_00EW_LAC_2013_0009 (08 October 2013)

- v - (Northern : Schedule 11, Paragraph 5 Section 20C) [2013] UKFTT RP_MAN_00EW_LAC_2013_0009 (08 October 2013)

The tribunal exercised its discretion under Section 20C and determined whether the landlord should be prevented from recovering legal costs through the service charge.

Citation
[2013] UKFTT RP_MAN_00EW_LAC_2013_0009
Parties
Applicant: Mr Williams; Respondent: Bellway Homes Ltd
Jurisdiction
England and Wales
Judgment Date
08 October 2013
Procedural Posture
First Tier Tribunal (property Chamber) Application / Final Decision
Outcome
Application granted
Legal Topics
Service Charges, Section 20 C of Landlord and Tenant Act 1985
Property Law Landlord and Tenant Service Charges Section 20 C of Landlord and Tenant Act 1985

Case Brief

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Parties

Mr Williams

Applicant

Bellway Homes Ltd

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) Application / Final Decision

Legal Issues

  1. 1 Whether the landlord is entitled to recover legal costs through the service charge under Section 20C of the Landlord and Tenant Act 1985

Ratio Decidendi

The tribunal exercised its discretion under Section 20C and determined whether the landlord should be prevented from recovering legal costs through the service charge.

Court Disposition

Application granted

Orders

  • Landlord is prevented from recovering legal costs through the service charge under Section 20C of the Landlord and Tenant Act 1985.