Decision summary

CHI/00HD/LBC/2021/0011 — service charge decision

In CHI/00HD/LBC/2021/0011, decided 14 October 2021, the First-tier Tribunal considered 9 disputed service charge items at 83 Emerson Way, Emerson's Green, Bristol and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 83 Emerson Way, Emerson's Green, Bristol
Decision date: 14 October 2021
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyNot payable under the lease
Buildings insurance——Disallowed entirelyLandlord could not evidence the cost
Repairs & maintenance——Disallowed entirelyLandlord could not evidence the cost
Other charges——Allowed in full—
Gardening & grounds——Allowed in full—
Other charges——Disallowed entirelyNot payable under the lease
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost

Key passages (verbatim)

“Accidental leaks occur and are not evidence of a failure to keep the property in full repair as required by s.3.3. Whilst such incidents may be 'annoying' that does not satisfy the definition of 'annoyance' as required by s.8 and no breaches have therefore occurred.”
On repairs & maintenance
“The lease does not contain a covenant requiring the Respondent to meet such costs and as such there can be no breach of s.5.5. S.3.8 is in respect of maintaining insurance, not paying for insurable damage. No breaches have therefore occurred.”
On other charges
“The only evidence presented on this issue is the email of 18 August 2015 from the Respondent providing basic details of the insurance policy. There is no other evidence of documents being withheld when reasonably requested.”
On buildings insurance
“The only persuasive evidence I have seen regarding the repair of Structural Parts are the 'before and after' photographs provided by the Respondent indicating that maintenance has been carried out. I therefore determine that no breach has occurred.”
On repairs & maintenance
“The Applicant has stated that external decoration has not taken place every 5 years, an allegation that the Respondent has not denied. The photographs exhibited support this allegation and on the evidence submitted I determine that a breach of clause 3.6 has taken place.”
On other charges
“From the photograph at page 188 and the lack of a denial I am satisfied that the demised front garden has not been cultivated 'as a garden in accordance with the rules of good horticulture and husbandry'. I therefore determine that Clause 10 of the Fourth Schedule has been breached.”
On gardening & grounds
“neither party has fully understood their respective responsibilities under the terms of the lease, not assisted by its somewhat unusual terms and the inadequate advice provided to them.”
Of Both parties and their advisors

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.