CHI/00ML/LSC/2022/0087 — service charge decision
In CHI/00ML/LSC/2022/0087, decided 24 January 2023, the First-tier Tribunal considered 3 disputed service charge items at Wick Hall, Furze Hill, Hove and gave a decision: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Wick Hall, Furze Hill, Hove
Decision date: 24 January 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Baron Estate Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Staffing & concierge (2021) | £1,750 | £1,350 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Staffing & concierge (2022) | £1,750 | £1,350 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2021) | — | — | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“When it acquired its interest in the property in November 2021, the Respondent increased the current market rent collected as part of the service charges substantially from £1,100.00 per calendar month to £1,750.00 per calendar month in respect of flat 86.”
“The overall evidence of both parties leads the Tribunal to determine that the current market rent for flat 86 in 2021 and 2022 was £1,350 per calendar month.”
“As to any deduction for heating and hot water, the Tribunal concludes that the long leases are not ambiguous which means that the current market rent must be part of the service charges without the deductions sought.”
“The valuation is not an expert's report in the accepted sense of the description as there are no details of the instructions received, no details of Mr. Alderson's qualifications or experience and no confirmation of his obligations to the Tribunal.”
“The discrepancies are not explained and neither is the reason why the comparison is made with that postal code when the code for the subject property is BN3 1NJ.”
“The Tribunal concludes that the substantial and unreasonable increase in the current market rent in November 2021 was unsustainable. The Respondent relies upon 'evidence' produced after the event.”
“Despite being ordered to include any representations on this issue in their statements of case (page 20 of the bundle), the Respondent has not commented on this.”
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.