CHI/00MS/LSC/2024/0101 — service charge decision
In CHI/00MS/LSC/2024/0101, decided 10 December 2024, the First-tier Tribunal considered 7 disputed service charge items at 8-9 Ground Floor, Oxford Street, Southampton, SO14 3DJ and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 8-9 Ground Floor, Oxford Street, Southampton, SO14 3DJ
Decision date: 10 December 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Park Klane Block Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2021) | £3,357 | £2,081.34 | Reduced | Apportionment error |
| Administration charges (2016) | £120 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2017) | £352.80 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2018) | £36 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2019) | £162 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2020) | £72 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2022) | £1,087.40 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
Key passages (verbatim)
“the tribunal finds that the respondent is liable to pay 31% of £6,714, or £2,081.34”
“none of the administration charges listed in para 10 above are payable”
“none of the administration charges listed in para 10 above are payable”
“none of the administration charges listed in para 10 above are payable”
“none of the administration charges listed in para 10 above are payable”
“none of the administration charges listed in para 10 above are payable”
“Prior to 1 October 2021, there is no evidence at all that these letters were produced or served on the respondent or that the applicant incurred any cost for the letters. Ms Uffendell gives no evidence about arrears letters before 2021. The agent has produced no copies, gave no evidence of service and produced no invoice from the managing agents for the cost of the letters.”
“There is no evidence of any invoice from the agents to the applicant for the cost of the arrears letters. Indeed, it is unlikely the applicant did 'incur' any such costs. The cost of invoicing and collecting service charges and instructing others to collect unpaid service charges is ordinarily covered by the agent's basic annual management fee: see para 3.4 of the RICS Service Charge Residential Management Code (3rd Ed). No extra charge is therefore likely to have been made to the applicant.”
“Apart from the above, there are sundry other charges, described variously as 'Legal letter arrears' (£316.80), 'Letter before action' (£90.00), 'Instructed solicitors' (£90), 'Letter Before Action' (£90) and 'Legal fees' (£799.40'). Again, none of these is included in the bundle, and there are no fee notes from the agents or solicitors to support any charge for them. These charges are not referred to by Ms Uffendell in any detail in paras 8-14 of her first witness statement or in para 42 of her second statement.”
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.