Decision summary

CHI/00HH/LSC/2022/0049 & 0050 — service charge decision

In CHI/00HH/LSC/2022/0049 & 0050, decided 28 October 2022, the First-tier Tribunal considered 5 disputed service charge items at Apartments 2 and 4 Marine Palms, Warren Road, Torquay and found largely for the landlord: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: Apartments 2 and 4 Marine Palms, Warren Road, Torquay
Decision date: 28 October 2022
Full decision: Read on GOV.UK

Managing agent named in the decision: Darren Stocks t/a Crown Property Management (CPM).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2016)£110.81£110.81Allowed in full—
Repairs & maintenance (2019)£1,405.29£1,405.29Allowed in full—
Repairs & maintenance (2020)£4,677.78£4,514.86ReducedLandlord could not evidence the cost
Legal & professional costs (2020)£162.92£0conceded—
Repairs & maintenance (2021)£985.05£985.05Allowed in full—

Section 20C order: refused.

Key passages (verbatim)

“The Tribunal has determined that the Applicants' challenges to the payability of the sums relating to the basement and terrace works are all refused”
On repairs & maintenance
“The Tribunal has determined that the Applicants' challenges to the payability of the sums relating to the basement and terrace works are all refused”
On repairs & maintenance
“The 'legal fees' of £162.92 for Flat 4 turned out to be rather a structural engineer's fee. Quite properly, to avoid further expense, the Respondent conceded this sum”
On repairs & maintenance
“The 'legal fees' of £162.92 for Flat 4 turned out to be rather a structural engineer's fee. Quite properly, to avoid further expense, the Respondent conceded this sum”
On legal & professional costs
“The Tribunal has determined that the Applicants' challenges to the payability of the sums relating to the basement and terrace works are all refused”
On repairs & maintenance
“The Tribunal is not privy to the legal advice they were given before embarking on that journey, but would venture that if the journey was on the basis of legal advice, it was legal advice that went against the clear legal position.”
Of Applicants' legal advisers

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.