CHI/00HN/LBC/2019/0040 — service charge decision
In CHI/00HN/LBC/2019/0040, decided 4 November 2020, the First-tier Tribunal considered 14 disputed service charge items at First Floor Flat, 89 St Luke's Road, Bournemouth BH3 7LS and found largely for the leaseholder: 11 items were reduced or disallowed. Full decision on GOV.UK below.
Property: First Floor Flat, 89 St Luke's Road, Bournemouth BH3 7LS
Decision date: 4 November 2020
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 | Not payable under the lease |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (prior to 2017) | — | — | Allowed in full | — |
| 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 | 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| Other charges | — | — | Withdrawn | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal does not construe a fence to be 'structural' in the context of the said paragraph 10. The word 'structural' connotes something far more substantial than a boundary fence.”
“Both the term 'structure' and 'building' connote something more substantial and permanent than a shed. The Tribunal accepts Mrs Morgan's evidence that the shed is on caster wheels so that it is easily moveable.”
“Mrs Morgan says it is not a picket fence but some wooden pallets placed on their side. They are not attached to the land and are moveable.”
“Consequently, albeit fairly trivial, the Tribunal does find that the removal of the bollard constitutes a breach of the covenant.”
“They say that the camera is not connected and is merely there for deterrent purposes. The Applicant cannot gainsay that.”
“Notwithstanding that the breach has been remedied the Tribunal must find that there was a breach prior to 2017.”
“Consequently, there seems little point in the application having been pursued once the new lease was entered into. This is something the Tribunal will need to consider when it comes to decide the question of costs.”
“The Tribunal does not find the Respondents in breach of covenant in those circumstances.”
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.