LVT/0040/10/19: St Dials Court, Cwmbran
| Jurisdiction | England & Wales |
| Applied Rules | Landlord and Tenant Act 1985 |
| Date | 16 September 2020 |
| Year | 2020 |
| Subject Matter | Section 27A |
| Court | Leasehold Valuation Tribunals |
| Judgement Number | LVT/0040/10/19 |
1
Y TRIBIWNLYS EIDDO PRESWYL (CYMRU)
THE RESIDENTIAL PROPERTY TRIBUNAL (WALES)
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0040/10/19
Tribunal: Dr Christopher McNall (Lawyer – Chairperson)
Mr Roger Baynham MRICS (Surveyor Member)
Mrs Carole Calvin-Thomas (Lay Member)
Applicants: Miss Yvonne McIndo
Julian Groucutt
Jane and Gary O'Brien
Paul Foster
Philip Peard
Jacqueline Bate
Michael Bader
Neil Tamplin
Mr Peter Evans and Mrs Angela Evans
(All represented by Mr Peter Evans, assisted by Mr Alan
Slade)
Respondent: Bron Afon Community Housing Limited
(Represented by Ms Sian Jones, Solicitor, of Blake Morgan)
Hearing: Heard on 11 August 2020, via the Tribunal's Video Platform, but
as if heard at the Tribunal's office, Oak House, Cleppa Park,
Celtic Springs, Newport NP10 8BD
Property: Blocks 1 and 2, St Dials Court, Oak Street, Old Cwmbran NP44
3LY
Applications: Liability to pay service charges. Sections 19, 20C and 27A of the
Decision
and Tenant Act 1985 is dismissed.
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opposed by the Respondent landlords, is allowed. The costs incurred by the
Respondent landlords in connection with these proceedings are not to be regarded as
relevant costs to be taken into account in determining the amount of any service
charge payable by any of the Applicants.
REASONS
Summary
1. The applicants all hold long leases of flats and maisonettes spread across two
blocks in the development at St Dials Court. They argue that their landlords
should not be able to recover, by way of service charge for 2017-18 and 2018-
19, the significant costs incurred by the landlords in works done to the flat and
mansard roofs and Velux windows in both blocks.
2. We have unanimously concluded that this part of the lessees' application
should be dismissed. That means that the landlords can lawfully recover, as
against the applicants, the sums which have been claimed.
3. The landlords confirmed that the lessees' application for an order under
consider it just and equitable to make such an order. The costs incurred by the
landlords in connection with these proceedings are not to be regarded as
relevant costs to be taken into account in determining the amount of any
service charge payable by any of the applicants.
The hearing
4. This application was originally listed to be heard conventionally - 'face to face'
- at the Tribunal's offices on 22 April 2020. That hearing was postponed due to
the Covid-19 restrictions. However, given that the parties were already
prepared for the hearing (including the preparation and distribution of hard
copy hearing bundles) it was agreed, in consultation with the parties (i) that
the hearing should take place, as soon as reasonably practicable, using the
Welsh Tribunals' video platform, with all participants taking part remotely, and
(ii) that the Tribunal's panel did not need to visit the buildings (because the
works in question had already been done, and there were sufficiently good
'before and after' photographs provided to us). We were happy with the
arrangements made. We are confident that all parties who wished to take part
were able to do so, fully and fairly, and we were able to deal with this dispute
fairly and justly.
5. Mr Peter Evans, assisted by Mr Alan Slade, represented all the Applicants. We
are grateful to both of them for their succinct and well-focussed presentation
of the applicants' case. They have made the points which can reasonably have
been made in support of the application. We have considered everything
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