CHI/18UK/LSC/2022/0108 — service charge decision
In CHI/18UK/LSC/2022/0108, decided 20 February 2023, the First-tier Tribunal considered 7 disputed service charge items at 2 Cairn Cross, Kingsley Road, Westward Ho, Bideford, Devon, EX39 1JA and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 2 Cairn Cross, Kingsley Road, Westward Ho, Bideford, Devon, EX39 1JA
Decision date: 20 February 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Peninsula Management SW Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2019-20) | £112.50 | £112.50 | Allowed in full | — |
| Other charges (2020-21) | £850 | £850 | Allowed in full | — |
| Other charges (2021-22) | £1,200 | £1,200 | Allowed in full | — |
| Administration charges (2020-21) | £60 | £60 | Allowed in full | Demand formally invalid |
| Administration charges (2021-22) | £60 | £60 | Allowed in full | Demand formally invalid |
| Administration charges (2021-22) | £60 | £60 | Allowed in full | Demand formally invalid |
| Administration charges (2021-22) | £120 | £120 | Allowed in full | Demand formally invalid |
Key passages (verbatim)
“The Tribunal finds that the sum of £112.50 was outstanding at the end of the financial year on 30 June 2020. The Applicant has demanded the sum in accordance with the requirements of the lease and of statute. The Tribunal is satisfied that the Respondent is liable to pay the sum of £112.50.”
“The Tribunal is satisfied that the amounts demanded for the years ended 30 June 2021 and 30 June 2022 are not greater amount than is reasonable.”
“The Tribunal determines that the Respondent is liable to pay the contribution of £850 and £1,200 respectively for the service charges on account for the years ended 30 June 2021 and 30 June 2022.”
“The Tribunal is satisfied that the amounts of the charges totaling £300 were within the bounds of reasonableness. The Tribunal, however, finds that the charges were not payable until the Applicant has sent the correct Notice of Tenants' Rights and Obligations.”
“The Tribunal is satisfied that the amounts of the charges totaling £300 were within the bounds of reasonableness. The Tribunal, however, finds that the charges were not payable until the Applicant has sent the correct Notice of Tenants' Rights and Obligations.”
“The Tribunal is satisfied that the amounts of the charges totaling £300 were within the bounds of reasonableness. The Tribunal, however, finds that the charges were not payable until the Applicant has sent the correct Notice of Tenants' Rights and Obligations.”
“the nature of proceedings which were straightforward and did not merit the wholesale engagement of a Grade A fee earning solicitor.”
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.