[2023] UKUT 231 (LC)

Fecha: 13-Sep-2023

Conclusions

Conclusion

63.

All the grounds of appeal have succeeded. The appellant asks for orders under section 20C of the 1985 Act, and under paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002, so as to prevent the respondent form recovering its costs of the appeal through the service charge or by way of administration charges. The respondent has 14 days from the date of this decision to send to the Tribunal and to the appellant any observations about that application.

Upper Tribunal Judge Elizabeth Cooke

19 September 2023

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.