LVT/0014/07/22: Flat 4, 52 Clive Road, Cardiff – Costs Decision
| Judgement Number | LVT/0014/07/22 |
| Year | 2023 |
| Date | 14 June 2023 |
| Court | Leasehold Valuation Tribunals |
| Subject Matter | Costs |
| Applied Rules | Landlord and Tenant Act 1985 |
Page 1 of 2
Y TRIBIWNLYS EIDDO PRESWL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0014/07/22
In the Matter of Flat 4, 52 Clive Road, Canton, Cardiff, CF5 1HG
And in the Matter of an Application under Section 27ALandlord and Tenant Act 1985
Applicant: Jane M Proctor
Respondents: (1) Gareth William Austin
(2) Jason Hadyn Austin
(3) David Iwan Wyn Jeffreys
Tribunal: Colin Green (Legal Chair)
Mark Taylor MRICS (Surveyor Member)
Dr. Angie Ash FRSA (Lay Member)
SECTION 20C DECISION
The Tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 that
only 25% of the costs incurred by the Respondents in these proceedings should be regarded
as relevant costs to be taken into account in determining the amount of any service charge
payable by the Applicant.
REASONS
1. Pursuant to paragraph 41 of the Tribunal’s decision of 5 May 2023 (“the Decision”),
written submissions have been received from both parties concerning Mrs. Proctor’s
application for an order under s. 20C of the Landlord and Tenant Act 1985, the relevant
parts of which provide:
“(1) A tenant may make an application for an order that all or any of
the costs incurred, or to be incurred, by the landlord in
connection with proceedings before a court, residential property
tribunal or leasehold valuation tribunal or the First-tier Tribunal,
or the Upper Tribunal, or in connection with arbitration
proceedings, are not to be regarded as relevant costs to be
taken into account in determining the amount of any service
charge payable by the tenant or any other person or persons
specified in the application.
…
To continue reading
Request your trial