CHI/00HN/LSC/2019/0126 — service charge decision
In CHI/00HN/LSC/2019/0126, decided 14 September 2020, the First-tier Tribunal considered 8 disputed service charge items at 84c Poole Road, Bournemouth, Dorset and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 84c Poole Road, Bournemouth, Dorset
Decision date: 14 September 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Poole Road Property Limited (PRPL).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2014) | £203.58 | £203.58 | Allowed in full | — |
| Utilities (2015) | £80.24 | £72 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2016) | £211.47 | £211.47 | Allowed in full | — |
| Utilities (2016) | £113.79 | £95 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2017) | £158.83 | £158.83 | Allowed in full | — |
| Utilities (2017) | £121.50 | £95 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Other charges (2018) | £1,194.25 | £361.67 | Reduced | Apportionment error, Landlord could not evidence the cost |
| Other charges (2019) | — | — | Disallowed entirely | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal determines that the service charge is reasonable and is recoverable in full in the sum of £203.58.”
“The Tribunal determines that a reduced sum of £72 is reasonable.”
“The service charge of £211.47 in relation to the repair to the car park is reasonable and recoverable.”
“The Tribunal determines that a reduced sum of £95 is reasonable.”
“The decision is the same as that for 2016, namely that the service charge of £158.83 in respect of the car park is recoverable and reasonable.”
“The charge for electricity costs is recoverable but in the reduced sum of £95.00.”
“The Applicant is correct to say that there has by the Respondent been production of evidence of expenditure for only a percentage of the charge levied and an assertion that it is too difficult to provide more. That is simply not satisfactory in this case, nor is it acceptable management of the Building more generally. The Respondent is obliged to maintain proper records and the lessees are entitled to know that which they are required to pay for. The documents are or should be within the knowledge and the control of the Respondent. The Applicant has raised an issue and the Respondent should address it, with the appropriate evidence.”
“The Tribunal finds that no adequate reason has been provided by the Respondent.”
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.