LVT/0021/05/13: 95-97 Cathedral Road, Cardiff

Judgment

Cited authorities 12

Cited in

Precedent Map

Jurisdiction	England & Wales
Applied Rules	Landlord and Tenant Act 1985
Date	15 August 2013
Year	2013
Subject Matter	Section 27A
Court	Leasehold Valuation Tribunals
Judgement Number	LVT/0021/05/13

YTRIBIWNLYSEIDDOPRESWYL



RESIDENTIALPROPERTYTRIBUNAL



LEASEHOLDVALUATIONTRIBUNAL



Reference:LVT/0021/05/13



Inthematterof95‐97CathedralRoad,CardiffCF204DZ

InthematterofApplicationsunderSections27A,20ZAand20CoftheLandlordandTenantAct1985



TRIBUNAL DavidEvansLLBLLM

CeriTrotmanJonesMRICS



APPLICANTS MrBrynleyGwynneLlewellynMorganandMsJuliaClaireMorgan



RESPONDENTSMrDFletcher,MrsCJarrett,MrPMackenzieandMsARobinson,

RevAandMrsKKettle,MsACartledgeandMrMLemkey,

MrandMrsGFairclough

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DECISION

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1 BACKGROUND

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1.1 95‐97CathedralRoadCardiff(theProperty)isasubstantialthreestoreybuilding

comprisingtwocombinedsemi‐detachedhousesnowconvertedinto8flatswithadentalsurgeryon

thegroundfloorofnumber97andadentallaboratoryinthebasement.TheApplicantsarethe

freeholdownersofthePropertyandtheRespondentsarethelesseesof6ofthe8flats.Theother

twoflatsareintheownershipoftheApplicants.

1.2 TheleasesheldbytheRespondentsrequiretheApplicantstoinsureandmaintainthe

buildingandthecommonpartsthecostofwhichispassedontotheRespondentsthroughthe

servicecharge.Unfortunately,ascouldbeseenfromthetwoleaseswhichwereprovidedforus,

therearesignificantdifferencesinthewordingoftheleaseswhichcouldwellaffecttheparticular

costsrecoverablefromindividuallessees.

1.3 ThePropertyhashadanunfortunatehistoryinrecentyears.Therootoftheproblemis,

whattheRespondentsconsidertobe,theinequitabledistributionoftheresponsibilityforpayment

ofthecostsofinsuranceandmaintenanceassetoutintheleases.Thedentalpracticepays1/6th

(thelaboratorypaysnothing),andtheRespondentspaybetween1/6thand1/12th.Thetotal

contributionsofthe6flatsandthecommercialpropertiestotal92/96thsoftheservicecosts.The

Applicantsarerequiredthereforetocontributeonly4/96thsofthosecostsforthetwoflatswhich

theyretain.AstheleasesprovidefortheApplicantstobepaidanadministrationchargeof15%of

theservicecosts(againtheprecisetermsvary)theApplicants,accordingtotheRespondents,in

effectcontributenothingtowardstheservicecostsandactuallymakeaprofitfromthem.The

Applicantsofcoursearguethattheadministrationchargeisremunerationforthetimespentin

managingtheProperty.WeshallrefertothislaterinthisDecision.

1



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