Author Archives: Secretary

Landlord & Tenant Act 1985 s20C Application Ruling

HHJ Cotter sitting in the County Court Exeter has ruled that the landlords of Atlantic Bays cannot charge 75% of their legal costs incurred in the County Court hearings Part 1 and 2 to the service charge. See ruling below

s20C Judgment dated 17-05-19

The ruling of course does not apply to non-applicants and those chalet owners who did not take part can be charged their proportion of the costs in full.

Landlords at Atlantic Bays Refused Permission to Appeal

Mr and Mrs Francis applied for permission to appeal the decision in Francis v Knapper and Others.

This permission has been refused by the Court of Appeal, see link to decision below.

F v CK Permission to Appeal refused 17-05-30

Lord Justice Flaux makes it clear in paragraphs 1 and 2 that the alleged new evidence would have had no effect on the decision reached by Andrew Baker J in the High Court.

Matchmove v Dowding & Church

Although this case does not apply to Atlantic Bays it does involve the landlords Mr and Mrs Francis.

In the initial case in the High Court (See “Landlords of Atlantic Bays Slated in Court Case” below) Mr and Mrs Francis were found to be misleading the courts and using people to their own ends. The case was taken to the Appeal Courts in London and the appeal has now been dismissed,

Judgement link below