CAM/00CR/LBC/2022/0011 — service charge decision
In CAM/00CR/LBC/2022/0011, decided 21 November 2022, the First-tier Tribunal considered 5 disputed service charge items at Flat 203, Castle Court, The Minories, DY2 8PG and found largely for the leaseholder: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 203, Castle Court, The Minories, DY2 8PG
Decision date: 21 November 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Withdrawn | — |
| Buildings insurance | — | — | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Administration charges | — | — | Disallowed entirely | Other grounds |
Key passages (verbatim)
“we are not satisfied that the cultivation of this cannabis was undertaken as a trade or business. For that reason we find no breach of paragraph 1 of Part II of Schedule 7 in that regard.”
“we are not satisfied that the Respondent 'permitted or suffered' a breach of paragraphs 1 and/or 7 of Part II of Schedule 7”
“the Applicant withdrew these allegations of breach, accepting they could not be breaches in themselves of any covenants in the Lease.”
“The cultivation of cannabis did not make the policy void or voidable... there was no evidence before us that any premium might be higher as a result. Accordingly, we determine that the Respondent is not in breach of Schedule 7, Part I, paragraph 14.”
“The Tribunal determines that it is just and equitable to extinguish the Respondent's liability to pay any of the Applicant's costs of these proceedings, pursuant to paragraph 5A of Schedule 11 of CLARA 2002.”
“The Applicant failed to write any letter before application to the Respondent before filing this application”
“The Applicant did not withdraw allegations (ii) and (iii) until 11.58am on the day of the hearing.”
This summary is assembled from the structured record of the published decision; amounts appear only where the tribunal stated them. Always rely on the full decision itself.