Below is a link to the Tribunal judgement on the application made by the PCTA for them to consider the reasonableness of the 2023 service charge accounts.
https://curlew.org.uk/wp-content/uploads/2026/10/2026-July-13-Decision.pdf
The link below will take you to information about the company who now own the site
https://find-and-update.company-information.service.gov.uk/company/14223817/filing-history
Attached is the determination of the Lands Tribunal in Mr and Mrs Francis appeal, of two issues from the First tier Tribunal (FtT) determination, of the reasonableness of the 2020 On-Account Demand. These being the staff accommodation costs and the service charge divisor.
The appeal of staff accommodation costs was refused on the grounds that the loss of rental of two lodges was a notional cost and not allowed under the terms of the lease. The claim for loss of rental of £18,000 was disallowed.
The appeal of the service charge divisor was allowed as the accommodation in dispute was being used for warden accommodation. The Land Tribunal restored to divisor back to 176 from 177 for 2020.
The tenants of Atlantic Bays represented by the PCTA have been successful in their appeal of the costs award associated with their application for an injunction for service charge accounts to be supplied for years 2017 to 2019.
Following the failure despite repeated requests for accounts for years 2017-2019 the PCTA applied to the courts for an injunction. The landlords eventually supplied the accounts prior to a hearing taking place and the PCTA applied to the courts for their costs.
The PCTA were not granted their costs on a technicality, which we considered gave a signal to landlords that it was OK to withhold accounts until forced into supplying them. The appeal court judge agreed an error in law had taken place and reinstated our costs for the injunction but refused us costs for the appeal. It seems no matter how just your case some you just cannot win.
Following complaints to the Solicitors Regulation Authority by the landlords of Atlantic Bays and their solicitor Enigma the PCTA solicitor Mr Knapper was referred to the Solicitors Disciplinary Tribunal.
After a five day hearing the PCTA are pleased to announce that all allegations have been defeated and Mr Knapper absolved of all accusations of dishonesty or reckless action.
The full judgement will be published here when available.
The First Tier Tribunal have reached a decision on the landlords application to determine if their 2020 On-Account demand is reasonable.
The demand was for £1,933.70 this has been reduced to £1,474.89.
Determination below
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
Permission to appeal the judgement of Justice Birss in Bristol January 2019 has been refused.
The Tribunal has reached a determination of service charges for years 2013 – 2016.
2013 – £480
2014 – £491.92
2015 – £805.73
2016 – £1019.20
The landlords at Atlantic Bays have been refused permission to appeal three judgements of HHJ Cotter concerning the 2008/9 service charge and associated costs.
Their application for specific disclosure of PCTA privileged documentation was also refused with costs against them.