LVT/0028/11/22: Flat 1, Sheen Court, Ystrad Mynach
| Judgement Number | LVT/0028/11/22 |
| Year | 2023 |
| Date | 24 May 2023 |
| Court | Leasehold Valuation Tribunals |
| Subject Matter | Section 27A |
| Applied Rules | Landlord and Tenant Act 1985 |
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0028/11/22
In the Matter of Flat 1 Sheen Court, The Walk, Ystrad Mynach, CF82 7AY
In the matter of an Application under Section 27A Landlord and Tenant Act 1985.
Applicant: Katie Miller
First Respondents: Diane Gwyther and Michael Gwyther
Second Respondent: Sheen Court Management Company Limited
Tribunal: Legal Chairperson C Jones
Surveyor Member K Watkins
Lay Member C Calvin-Thomas
DECISION
(1) That Sheen Court Management Company Limited be joined as Second Respondent in
these proceedings.
(2) That the Tribunal does not have jurisdiction to determine whether the relevant service
charge is payable by the Applicant, by reason of the Applicant’s admission for the
purposes of Section 27A (4) of the Landlord and Tenant Act 1985.
REASONS FOR THE DECISION OF THE CASE TRIBUNAL
Background
the Landlord and Tenant Act 1985 (‘the 1985 Act’), the Applicant sought determination as
to liability to pay and reasonableness of a variable service charge raised by the First
Respondents for the year 2018 – 2019.
2. The facts can be shortly stated as follows. In 2005, the Applicant acquired the lease (‘the
2005 Lease’) of a flat known as Flat 1 Sheen Court, The Walk, Ystrad Mynach, CF82 7AY
(‘the Flat’). The freehold reversion of the Flat together with a number of other flats became
vested in the First or Second Respondents. A new, extended lease was granted by the
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