Decision summary

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

ItemDemandedAllowedOutcomeGrounds
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyNot payable under the lease
Other charges——Disallowed entirelyNot payable under the lease
Other charges——Allowed in full—
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges (prior to 2017)——Allowed in full—
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyLandlord could not evidence the cost
Other charges——Disallowed entirelyNot payable under the lease
Other charges——WithdrawnNot 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.”
On other charges
“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.”
On other charges
“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.”
On other charges
“Consequently, albeit fairly trivial, the Tribunal does find that the removal of the bollard constitutes a breach of the covenant.”
On other charges
“They say that the camera is not connected and is merely there for deterrent purposes. The Applicant cannot gainsay that.”
On other charges
“Notwithstanding that the breach has been remedied the Tribunal must find that there was a breach prior to 2017.”
On other charges
“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.”
Of Applicant ( Y Park)
“The Tribunal does not find the Respondents in breach of covenant in those circumstances.”
Of Applicant ( Y Park) – conduct re payment

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.