Ms M M Bennett v Gentoo Group Ltd (Northern : Section 27A and Section 20C) [2016] UKFTT RP_MAN_00CM_LSC_2016_0034 (06 September 2016)

Ms M M Bennett v Gentoo Group Ltd (Northern : Section 27A and Section 20C) [2016] UKFTT RP_MAN_00CM_LSC_2016_0034 (06 September 2016)

The Tribunal determined whether the service charges were payable and whether an order under Section 20C should be made, based on the statutory provisions and the evidence presented by both parties.

Citation
[2016] UKFTT RP_MAN_00CM_LSC_2016_0034
Parties
Applicant: Ms M M Bennett; Respondent: Gentoo Group Ltd
Jurisdiction
England and Wales
Judgment Date
06 September 2016
Procedural Posture
First Tier Tribunal (property Chamber) Application Under Section 27 a and Section 20 C / Final Decision
Outcome
Application determined; service charge payability and Section 20C order decided.
Legal Topics
Service Charges, Section 27 a Landlord and Tenant Act 1985, Section 20 C Landlord and Tenant Act 1985
Landlord and Tenant Property Law Service Charges Section 27 a Landlord and Tenant Act 1985 Section 20 C Landlord and Tenant Act 1985

Case Brief

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Parties

Ms M M Bennett

Applicant

Gentoo Group Ltd

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) Application Under Section 27 a and Section 20 C / Final Decision

Legal Issues

  1. 1 Whether the service charges demanded by Gentoo Group Ltd are payable by Ms M M Bennett under Section 27A of the Landlord and Tenant Act 1985
  2. 2 Whether an order should be made under Section 20C of the Landlord and Tenant Act 1985 preventing the landlord from recovering legal costs through the service charge

Ratio Decidendi

The Tribunal determined whether the service charges were payable and whether an order under Section 20C should be made, based on the statutory provisions and the evidence presented by both parties.

Court Disposition

Application determined; service charge payability and Section 20C order decided.