CHI/00MR/LSC/2023/0077 — service charge decision
In CHI/00MR/LSC/2023/0077, decided 13 June 2025, the First-tier Tribunal considered 24 disputed service charge items at 155 Oyster Quay, Port Solent, Portsmouth and reached a mixed result: 16 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 155 Oyster Quay, Port Solent, Portsmouth
Decision date: 13 June 2025
Full decision: Read on GOV.UK
Managing agent named in the decision: PS and B (from Feb 2024); previously First Port Property Management (from Mar 2023); Alexander Faulkner Partnership (Jan 2022–2024); HML (Jan 2020–Jan 2021).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2024) | £21,580 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2021) | £15,722.28 | — | Disallowed entirely | Historic neglect |
| Management fees (2020) | — | — | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2021) | — | — | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2022) | — | — | Reduced | Fee excessive for service delivered |
| Management fees (2023) | — | — | Reduced | Fee excessive for service delivered |
| Management fees (2024) | — | — | Reduced | Fee excessive for service delivered |
| Other charges (2020) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2023) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2024) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-2024) | — | — | Disallowed entirely | Not payable under the lease |
| Other charges (2020-2024) | — | — | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2022-2023) | £54,298 | — | conceded | — |
| Major works (2023) | £9,457.20 | — | Allowed in full | — |
| Major works (2020) | £25,511.80 | — | Allowed in full | — |
| Repairs & maintenance (2020-2022) | £7,852.69 | — | Allowed in full | — |
| Repairs & maintenance (2020-2024) | £12,862.70 | — | Allowed in full | — |
| Repairs & maintenance (2020-2024) | £89,665.58 | — | Allowed in full | — |
| Major works (2023) | — | — | Reduced | No Section 20 consultation |
| Legal & professional costs (2020-2024) | — | — | Reduced | Other grounds |
| Reserve fund contributions (2020-2024) | — | — | Allowed in full | — |
| Staffing & concierge (2020-2024) | — | — | Allowed in full | — |
Section 20C order: partial.
Key passages (verbatim)
“The demise as stated in the Lease expressly includes 'doors and door frames'… The responsibility of the Respondent is for items which fall outside of the demise. The front doors to the flats were not such an item.”
“The Tribunal determines that the Respondent was negligent, in breach of its duties under the Lease and permitted a nuisance… in failing to deal with the vents and thereby compounding other issues.”
“the reasonable service costs for management fees … is 5% lower than as incurred … In addition … incorrect postings … the Tribunal considers it appropriate to reduce the management fees by an additional 10% (so 15% total). That additional reduction relates to year ends 2020 and 2021.”
“the reasonable service costs for management fees … is 5% lower than as incurred … In addition … incorrect postings … the Tribunal considers it appropriate to reduce the management fees by an additional 10% (so 15% total). That additional reduction relates to year ends 2020 and 2021.”
“the payable service charges for management fees are also 5% lower than as demanded for each year under determination.”
“the payable service charges for management fees are also 5% lower than as demanded for each year under determination.”
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.