CHI/00MR/LBC/2023/0004 — service charge decision
In CHI/00MR/LBC/2023/0004, decided 21 July 2023, the First-tier Tribunal considered 9 disputed service charge items at 211a New Road, Portsmouth, Hampshire and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 211a New Road, Portsmouth, Hampshire
Decision date: 21 July 2023
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 charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Ground-rent-adjacent charges | — | — | Disallowed entirely | Demand formally invalid |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“We find that there was a breach of the requirement to give notice of the letters of administration... We find notice was not given on or before May 2022. Both parties accept and we record that the breach was remedied in December 2022.”
“We find that the plant pots to the front of the Property in the area between the front wall and the wall adjacent to the street were placed in breach of Clause 7 of the Third Schedule and clauses 5 and 6 of the Fifth Schedule.”
“We are not satisfied this is a breach of clause 7 or 9 of the Third Schedule. Clause 7 only applies to areas outside the front door to the building. Not the communal hallway. Clause 9 refers to the exterior of the building.”
“In any event in our judgment the attachment of a doorbell is simply normal door furniture one would expect to find.”
“We are not satisfied there has been a breach of covenant in connection with the payment of ground rent... to be payable a valid demand which satisfied Section 166 of the Commonhold and Leasehold Reform Act 2002 must be served and there is no evidence... that one has been served.”
“We are not satisfied on a balance of probabilities that there was evidence before us that there is a breach of the Respondent's liability to the Applicant to pay a service charge.”
“We were surprised at the lack of evidence relied on and advanced by the Applicant. His evidence was his statement of case being a document containing a statement of truth and signed by him. As a general comment this lacked detail as to certain of the breaches relied upon.”
“As set out above we were surprised at the lack of evidential detail provided for such allegations. The allegations were almost entirely based upon generic allegations. It is far more usual to receive detailed analysis setting out what exactly happened, the circumstances and the date and time almost as in a diary format.”
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.