England and Wales Lands Tribunal

LRX/113/2005

LANDS TRIBUNAL ACT 1949

SERVICE CHARGES – Landlord and Tenant Act 1985 section 27A – arithmetical error made by Leasehold Valuation Tribunal – correction.

IN THE MATTER OF AN APPEAL FROM A DECISION OF THE LEASEHOLD VALUATION TRIBUNAL FOR THE SOUTHERN RENT ASSESSMENT PANEL

by

SINCLAIR GARDENS INVESTMENTS (KENSINGTON) LIMITED

Re: Fernleigh

Yattendon Road

Horley

Surrey RH6 7BS

DETERMINATION WITHOUT AN ORAL HEARING UNDER RULE 27,

LANDS TRIBUNAL RULES 1996

by

A J Trott FRICS

No cases referred to


 


DECISION

1. This is an appeal by the landlord against the decision of the Leasehold Valuation Tribunal for the Southern Rent Assessment Panel on an application under section 27A of the Landlord and Tenant Act 1985 in respect of the reasonableness of service charges arising in the years ending 24 June 2002 to 24 June 2005.
2. The grounds of appeal were limited by a decision of the Lands Tribunal dated 7 December 2005 to the matter of an arithmetical error which had been made by the Leasehold Valuation Tribunal in paragraph 12 of its decision.
3. The appellant submitted written representations on 28 June 2006. There is no respondent.
4. In its decision dated 21 July 2005 the Leasehold Valuation Tribunal determined that the cost of external decorations incurred in the year ending 24 June 2002 was too high and should be reduced from £3,055 to £2,267.75. The latter figure was said to be made up as follows:

Cost of scaffolding £1,000

Labour cost of 2 men x 4 days @ £160 per day £1,280

Materials £ 150

Total £1,930

VAT @ 17.5% £ 337.75

Grand Total £2,267.75

5. The appellant submitted that the correct total should have been:

£1,000 + £1,280 + £150 = £2,430 plus VAT of £425.25, making a grand total of £2,855.25.

6. I agree with the appellant's calculation and I allow the appeal. The amount awarded in respect of external decorations for the year ending 24 June 2002 is £2,855.25 including VAT.
7. There being no respondent the issue of costs does not arise in this case and this decision shall take immediate effect.

Dated 19 July 2006

A J Trott FRICS