The landlords at Atlantic Bays alleged that the leaseholders represented by the tenants association, the PCTA had committed fraud during the Phillips & Goddard v Francis & Francis litigation in 2009. The PCTA applied for the application to be struck out and won on all counts.
HHJ Cotter ruled that
- The claim was out of time – allegations of this sort have a time limit of 6 years and the landlords had knowledge of the allegations in 2012.
- The landlord elected during proceedings in what was known as Part 2 not to reopen the Part 1 proceedings on the basis of new evidence.
- The landlords entered into a Consent Order in 2013 settling charges for 2008/9 and referring any outstanding charges to the First tier Tribunal and could not now go behind this order.
- The application was an abuse of court time and had little chance of succeeding.
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.
The appeal of Chancellor Morritt’s judgement in the Phillips & Goddard v Francis case was adjourned due to a late intervention by the Secretary of State for Communities & Local Government.
The appeal will be now be heard over two days starting on the 13th or 14th October 2014.
The Kingsdown Tenants Association have achieved a major victory in a LVT hearing and subsequent Upper Tribunal appeal hearing over the new owners of their site Tingdene. The relevant documents can be viewed by following these links.
LVT judgement – 09_11_09 LVT Application Letter
Permission to appeal decision – 25_05_10 LVT Appeal Decision to Parties
Upper Tribunal Appeal Decision – Decision LRX-81-2010
Point Curlew Tenants Association exists for the benefit of its members, the chalet owners, at Atlantic Bays Holiday Park.
Established on the 3rd April 2010 by the members of the Point Curlew Action Group.
Its purpose is to provide a conduit between the landlords of Atlantic Bays and the tenants for
- consultation on service charge issues.
- to represent the tenants on issues relating to the site management
- to support where appropriate the landlords in their management of the site
- to provide where appropriate legal support for tenants in disputes with the landlords
Please bookmark this domain http://curlew.org.uk and call back soon for updates.
You may also e-mail at firstname.lastname@example.org to be added to the mailing list.
Please include your name & chalet number in your email.