CHI/18UK/LSC/2020/0131 — service charge decision
In CHI/18UK/LSC/2020/0131, decided 8 April 2021, the First-tier Tribunal considered 3 disputed service charge items at 3 & 6 Lenwood Country Club, Lenwood Road, Northam, Bideford and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 3 & 6 Lenwood Country Club, Lenwood Road, Northam, Bideford
Decision date: 8 April 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Moreland Estate.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2016-2017) | £154.86 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Buildings insurance (2019-2020) | £294.76 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Buildings insurance (2020-2021) | £241.63 | £150 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
Key passages (verbatim)
“the Tribunal determines that the Respondent demanded insurance payments twice for the period between 25 January 2017 and 29 September 2017 and that the Applicant is entitled to a refund from the Respondent for the overpayment for this period.”
“the Tribunal determines that the Applicants are not liable to pay the £294.76 demanded by the Respondent for the period from 31.07.2019 until 30.07.2020 and that the Applicants are not entitled to receive the credit of £104.19.”
“the Tribunal determines that a reasonable amount payable towards the insurance premium for 2020/2021 by each leaseholder is £150.”
“Although the email from the Respondent refers to an insurance police and a receipt for payment, neither have been disclosed to the Tribunal.”
“What is unacceptable is for the policy to include loss of rent cover as this is not a cost that can be passed on to the leaseholders as the Tribunal determined in the May 2020 Decision (Paragraphs 125 and 126 of the May 2020 Decision).”
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.