CAM/22UH/LSC/2022/0059 — service charge decision
In CAM/22UH/LSC/2022/0059, decided 20 August 2024, the First-tier Tribunal considered 21 disputed service charge items at 1029 and 1033 High Road, Chadwell Heath, Romford, Essex and found largely for the leaseholder: 20 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 1029 and 1033 High Road, Chadwell Heath, Romford, Essex
Decision date: 20 August 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2013-2022) | — | £0 | Disallowed entirely | Not payable under the lease |
| Utilities (2017) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Utilities (2018) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Utilities (2019) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Utilities (2020) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Utilities (2021) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Utilities (2022) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2017) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2018) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2019) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2020) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2021) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Buildings insurance (2022) | — | £0 | Disallowed entirely | No Section 21B summary of rights, Demand formally invalid |
| Gardening & grounds (2019) | — | £0 | Disallowed entirely | Demand formally invalid, Not payable under the lease, Works not necessary |
| Other charges (2022) | £450 | £0 | Disallowed entirely | Demand formally invalid, Apportionment error |
| Repairs & maintenance (2022) | — | £0 | Disallowed entirely | Demand formally invalid |
| Repairs & maintenance (2022) | — | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Repairs & maintenance (2022) | — | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Major works (2022) | £2,800 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Administration charges (2022) | — | — | conceded | — |
| Administration charges (2022) | — | £0 | Disallowed entirely | Demand formally invalid |
Section 20C order: granted.
Key passages (verbatim)
“The charge is not a service charge because it is fixed and falls outside the Tribunal's jurisdiction under s.19 Landlord and Tenant Act 1985. We make no determination on this charge.”
“Under s.21B Landlord and Tenant Act 1985 a failure to include a summary of rights and obligations means that the Applicant is not liable to pay the sum.”
“Under s.21B Landlord and Tenant Act 1985 a failure to include a summary of rights and obligations means that the Applicant is not liable to pay the sum.”
“Under s.21B Landlord and Tenant Act 1985 a failure to include a summary of rights and obligations means that the Applicant is not liable to pay the sum.”
“Under s.21B Landlord and Tenant Act 1985 a failure to include a summary of rights and obligations means that the Applicant is not liable to pay the sum.”
“Under s.21B Landlord and Tenant Act 1985 a failure to include a summary of rights and obligations means that the Applicant is not liable to pay the sum.”
“In the present case the Respondent chose to fight the case instead of serving correct demands.”
“The problem here was that the wall was knocked down unlawfully. Much of it lay within the Applicant's demise. There was therefore a trespass. In these circumstances it is not reasonable to charge anything from the leaseholder and we disallow the sums claimed.”
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.