CHI/00MW/LSC/2022/0059 — service charge decision
In CHI/00MW/LSC/2022/0059, decided 12 June 2023, the First-tier Tribunal considered 17 disputed service charge items at Chalet 23 and others, Sandown Bay Holiday Centre, Yalverland Road, Sandown, Isle of Wight and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Chalet 23 and others, Sandown Bay Holiday Centre, Yalverland Road, Sandown, Isle of Wight
Decision date: 12 June 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Eddisons Commercial Limited (formerly Daniells Harrison).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2019-2020) | £114,990 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2017-2018) | £200 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Reserve fund contributions (2018-2019) | £200 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2019-2020) | — | — | conceded | — |
| Repairs & maintenance (2020-2021) | — | — | conceded | — |
| Other charges (2020-2021) | — | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2017-2018) | — | £26.60 | Allowed in full | — |
| Reserve fund contributions (2018-2019) | — | £26.60 | Allowed in full | — |
| Reserve fund contributions (2019-2020) | — | £26.60 | Allowed in full | — |
| Reserve fund contributions (2020-2021) | — | £26.60 | Allowed in full | — |
| Reserve fund contributions (2021-2022) | — | £26.60 | Allowed in full | — |
| Reserve fund contributions (2022) | — | £26.60 | Allowed in full | — |
| Other charges (2019-2020) | — | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Legal & professional costs (2017-2022) | £37,084.62 | £0 | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Legal & professional costs (2017-2022) | £445.20 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2020-2021) | £967.26 | £181.92 | Reduced | Other grounds |
| Ground-rent-adjacent charges (2020-2021) | £248.32 | £206.93 | Reduced | Demand formally invalid, Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal therefore determines that the Respondents are not required to pay service charges in respect of the cost incurred by the Applicant… The Tribunal determines that the service charges demanded in respect of the Clubhouse of £114,990.00 are not payable.”
“The Tribunal determines that £6712.80 in respect of these charges was payable, being £35.70 per chalet, including that of the 1st Respondent.”
“The Tribunal determines that £6712.80 in respect of these charges was payable, being £35.70 per chalet, including that of the 1st Respondent.”
“In light of the Respondents' concession following Mr Wiggins oral evidence on this element of the case no determination by the Tribunal is sought.”
“The service charge of £394.47 per chalet is payable, including by the 1st Respondent.”
“The Tribunal determines that none of the service charges are payable.”
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.