On the 17 July 2019 the First Tier Tribunal in case reference MAN/00BY/LSC/2019/0003, Judge C.P. Tonge decided and issued directions The following are of importance;
At 20; Due to my circumstances of being in and out of the country I breached the directions by emailing instead of delivering hard copies, and not following the directions to the letter (my claim is complex and involves unsupported documents over 4 years of service charge accounts) and I highlight that you must act with clean hands (do your best and stick to the truth) and with honour (do not intentionally cause issues) justice is available and rule 3 is overriding!
“…The Tribunal reminds itself that its overriding objective is to be fair and just, rule 3 of the Tribunal Procedure (First-tier) (Property Chamber) Rules 2013 (S. I. 2013/1169) “the Rules”. The Tribunal considered the terms of rule 9 of “the Rules”, dealing with striking out, in appropriate circumstances.
These breaches are not sufficient for the Tribunal to strike out the Applicant’s case. The Tribunal announced this decision.”
Bank Statements is a long contentious item which up until now could be abused by landlords to withhold bank statements as supporting documents.
At 24:Without bank statements and payment reconciliation no accounts can be relied upon.
IMPORTANT TO UNDERSTAND: I contended without a bank statement and payment reconciliation even certified accounts cannot be rallied upon to the point as in my case there were even two sets of certified accounts for year ending 2017 which proved this point beyond a shadow of a doubt.
At 25:Service charge bank statements are to be provided is legislated
“Further, the Applicant submitted that he is entitled to have a certified copy of this bank account served upon him by virtue of section 42A of the Landlord and Tenant Act 1987 ( as inserted by section 156 of Commonhold and Leasehold Reform Act 2002).”
At 26: Long claimed landlord excuse was providing bank statements breach GDPR The respondent claimed bank statements contained personal data such as names and account details.
AT 29: “The Tribunal agrees with the Applicant that section 42A of the Landlord and Tenant Act 1987 does give him the right to inspect the bank account and take copies of it. The Tribunal therefore determines that since the Respondent objects to the Applicant having an unredacted copy of the account, the only way to ensure that the rights of the Applicant are protected is to order disclosure of a copy of the bank account statements.”
AT 30: Only redaction can be sort codes and account number
AT 31: Names cannot be redacted as this is public information held by the land registry.
At 1 and 2: Each invoice must be produced, and if the landlord cannot they must provide reason.
At 3: Original bank statement (on banks letterhead) with only sort code and account number redacted.
At 4: Payment reconciliation for all invoices to bank statement.
Intimidation by landlords in respect of costs:
I further wish to clarify the situation regarding costs of the tribunal and quote from their rules – costs cannot be awarded for or against a party unless it is without clean hands or in dishonour….
The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 S.I. 2013 No. 1169 (L. 8) Orders for costs, reimbursement of fees and interest on costs
(1) The Tribunal may make an order in respect of costs only—
(a) under section 29(4) of the 2007 Act (wasted costs) and the costs incurred in applying for such costs;
(b) if a person has acted unreasonably in bringing, defending or conducting proceedings in—
(i) an agricultural land and drainage case,
(ii) a residential property case, or
(iii) a leasehold case; or
(c) in a land registration case.