CHI/00HN/LIS/2023/0008 — service charge decision
In CHI/00HN/LIS/2023/0008, decided 3 November 2023, the First-tier Tribunal considered 25 disputed service charge items at 7 McKinley Road, Bournemouth, Dorset and reached a mixed result: 24 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 7 McKinley Road, Bournemouth, Dorset
Decision date: 3 November 2023
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2012) | £518 | £454 | Reduced | Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Legal & professional costs (2012) | £330 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2013) | — | £538.90 | Reduced | Not payable under the lease |
| Legal & professional costs (2013) | £120 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2013) | £193 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2014) | £566.11 | £566.11 | Allowed in full | — |
| Other charges (2015) | — | £482.48 | Reduced | Not payable under the lease |
| Other charges (2015) | £373 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2016) | — | £497.41 | Reduced | Not payable under the lease |
| Other charges (2016) | £386 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £438.47 | £438.47 | Reduced | Not payable under the lease |
| Legal & professional costs (2017) | £180 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2018) | £782.77 | £782.77 | Reduced | Not payable under the lease |
| Other charges (2018) | £150 | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2019) | — | £250 | Reduced | No Section 20 consultation |
| Legal & professional costs (2019) | £90 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2019) | £13 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2019) | — | £456.12 | Reduced | No Section 20 consultation, Not payable under the lease |
| Other charges (2020) | £791.03 | £791.03 | Reduced | Not payable under the lease |
| Other charges (2020) | £300 | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2021) | — | £250 | Reduced | No Section 20 consultation |
| Other charges (2021) | — | £1,309.22 | Reduced | No Section 20 consultation |
| Other charges (2022) | £819.57 | £819.57 | Reduced | Not payable under the lease |
| Other charges (2022) | £163 | £0 | Disallowed entirely | Not payable under the lease |
| Administration charges | £540 | £0 | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“the total amount of the service charge for the year ending 29 September 2012 is £2600 less legal fees of £330 leaving a balance of £2270 of which the 1/5 share payable by the Respondent is £454.”
“The legal fees claimed of £330 are not recoverable as service charges upon the basis that they are claimed by the Applicant as administration charges payable solely by the Respondent.”
“the amount of the service charge for the year ending 29 September 2013 is £3007.53 less £193 in respect of accountancy charges and £120 in respect of legal fees leaving a net figure of £2694.53 of which the Respondent's 1/5 share is £538.90.”
“legal fees of £120 … properly were administration charges not items of expense which should form part of the service charge.”
“The Lease allows the landlord to recover by way of service charges expenses that it reasonably incurs in carrying out its obligations under the terms of the Lease … They make no reference to the Applicant company's own administration costs.”
“the amount of the service charge for the year ending 29 September 2014 is £2875.12 … the amount demanded to date by the Applicant for the year totals £566.11 … and thus the amount payable as at the date of this decision by the Respondent is limited to that amount.”
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.