CHI/00HH/LBC/2021/0004 — service charge decision
In CHI/00HH/LBC/2021/0004, decided 28 June 2021, the First-tier Tribunal considered 10 disputed service charge items at 154a Torquay Road, Paignton TQ3 2AH and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 154a Torquay Road, Paignton TQ3 2AH
Decision date: 28 June 2021
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 | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Buildings insurance | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
Key passages (verbatim)
“I have been unable to discover in the various bundles a copy of a demand meeting the requirements of the Landlord and Tenant Act 1985, and as such I find that no breach has occurred.”
“Mr Honeysett's references to the partitions as flimsy and minimal together with his uncertainty as to whether they caused deflection is not persuasive. The Tribunal therefore determines that there has been no breach of Clause 5(c).”
“whether the 'previous conversion' referred to is that carried out in 1983 or in 2017 is open to conjecture and given that lack of certainty finds that there is insufficient proof for a breach to be determined.”
“Wiring and gas pipes the subject of breaches 3 & 4 cannot be classified as structural and as such any alterations that may have occurred are not determined as breaches.”
“the tribunal determines that on the balance of probability a breach of Clause 5(c) has occurred.”
“On the evidence submitted I determine that access was denied on 4 June 2018 in breach of Schedule 3.3.”
“The Applicant has not complied with the Tribunal's requirements in respect of the form of hearing bundle but, as it is in the interest of all parties for this matter to be determined without further delay the Tribunal will do its best with the materials available.”
“the tribunal notes that these are two modest flats in a building needing expenditure on repairs and earnestly suggests that the parties invest their resources in putting this property in to a state of repair rather than engaging in unnecessarily combative litigation.”
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.