LVT/0031/11/23: Flat3, 67 Penylan Road, Cardiff
| Judgement Number | LVT/0031/11/23 |
| Year | 2023 |
| Date | 15 November 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/0031/11/22
In the Matter of Flat 3, 67 Penylan Road, Cardiff, CF23 5HZ
In the matter of an Application under Section 27A Landlord and Tenant Act 1985.
DECISION OF LEASEHOLD VALUATION
Applicant: Katie Clarke – Represented by Mr Bradshaw
Respondents: Residential Freeholds Limited – Represented by Mr Simon
Tribunal members: Judge Shepherd
Roger Baynham FRICS
Carole Calvin-Thomas
1. This is a preliminary decision as to the jurisdiction of the Tribunal. A hearing took place on
22nd September 2023. Mr Bradshaw represented the Applicant and Mr Simon the
Respondents. The Applicant has made an application for a determination as to the
payability and reasonableness of service charges. The Respondent challenged the
application on the basis that the Tribunal did not have jurisdiction because it did not
concern service charges as defined in s.18 Landlord and Tenant Act 1985.
2. By way of background the case concerns a block of flats at 67 Penylan Road, Cardiff CF23
5HZ (“the building”). The building comprises 5 Flats. The Applicant is the leaseholder of Flat
3, pursuant to a lease, dated 13 January 2006 between (1) Susan Valerie Jones and Bernard
Russell Jones (whose interest is vested in the Respondent), (2) Lloyd Robert Parsons and
the Applicant (whose interest is vested in the Applicant) and (3) MANCO- the managing
agent (“the Lease”).The Respondent is the freeholder of the Building.
3. Pursuant to paragraph 6 of Part Two of the Seventh Schedule of the Lease, MANCO is
obligated to insure, at all times, in the joint names of the Respondent and MANCO, ‘in such
insurance office of repute as is nominated from time to time by the Landlord’.
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