CHI/00HP/LBC/2020/0030 — service charge decision
In CHI/00HP/LBC/2020/0030, decided 23 March 2021, the First-tier Tribunal considered 5 disputed service charge items at 168a Rossmore Road, Poole, Dorset and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 168a Rossmore Road, Poole, Dorset
Decision date: 23 March 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Allowed in full | Other grounds |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | Other grounds |
| Other charges | — | — | Disallowed entirely | Other grounds |
| Other charges | — | — | Allowed in full | Other grounds |
Key passages (verbatim)
“the rebuilding was or became a nuisance or annoyance or caused damage or inconvenience to the Lessor by reason of the wall being built on her land.”
“any breach of the requirements of the Act in respect of the wall cannot meet the terms of the covenant because the Act does not affect the demised premises.”
“The Respondents, having no proprietary rights in the land on which they had built the wall, have no right to dictate to the Applicant how she deals with her property or to deny her access to her property via an agent under the terms of the lease.”
“the Tribunal is not satisfied by the evidence before it that reasonable people, having regard to the ordinary use of the Applicant's house for pleasurable enjoyment, would be annoyed to the extent required by the covenant.”
“The Respondents clearly had no valid legal reason to refuse the Applicant entry to inspect the demised premises.”
“The Tribunal does not endorse all of their behaviour, particularly when recourse to the Access to Neighbouring Land Act 1992 might have assisted them to proceed on a sure footing”
“the Tribunal repeats that the first mention of Covid came in Mr Cole's oral evidence.”
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.