CHI/18UK/LSC/2020/0042 — service charge decision
In CHI/18UK/LSC/2020/0042, decided 21 December 2020, the First-tier Tribunal considered 9 disputed service charge items at Flats 3 and 20 Newynn Court, Market Place, Bideford, Devon and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 3 and 20 Newynn Court, Market Place, Bideford, Devon
Decision date: 21 December 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Newynn Court Management Company Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2014-2015) | — | £130.54 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2015-2016) | — | £178 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2016-2017) | — | £203.14 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2017-2018) | — | £160.10 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2018-2019) | — | £285.62 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2019-2020) | — | £243.21 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2020-2021) | — | £232.17 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2017-2018) | — | — | Disallowed entirely | Demand formally invalid, Not payable under the lease |
| Reserve fund contributions (2020-2021) | £2,000 | — | Disallowed entirely | Demand formally invalid |
Section 20C order: granted.
Key passages (verbatim)
“if the sums claimed for Accounts/Admin and Cleaning, Maintenance and Management of Works are stripped out, the totals and 1/21st share…for 2014-2015: £3,737.93 and £178.00”
“for 2014-2015: £3,737.93 and £178.00”
“for 2015-2016: £4,265.88 and £203.14”
“for 2016-2017: £3,362.14 and £160.10”
“for 2017-2018: £5997.85 and £285.62”
“for 2018-2019: £5,107.42 and £243.21”
“The lease sets out in quite simple terms how the service charge account should be dealt with, and yet the Respondent seems to have ignored the provisions completely. Even taking account of the difficulties detailed about getting hold of relevant documentation, the Respondent appears to have made no attempt to comply with the terms of the lease.”
“Because the Applicants appear to have been forced before the Tribunal by the Respondent's reluctance to respond to reasonable requests for information or to act in compliance with the clear terms of the lease, the Tribunal has no hesitation in allowing their application under Section 20c of the Landlord and Tenant Act 1985.”
“The Tribunal notes that the Applicants have been substantially successful in their submissions. The Respondent has adopted a belligerent stance and challenged the authority of the Tribunal to decide this application.”
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.