Decision summary

CHI/19UC/LBC/2020/0017 — service charge decision

In CHI/19UC/LBC/2020/0017, decided 19 November 2020, the First-tier Tribunal considered 6 disputed service charge items at Ground Floor Flat, 12 Fairmile, Christchurch BH23 2LJ and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Ground Floor Flat, 12 Fairmile, Christchurch BH23 2LJ
Decision date: 19 November 2020
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance——Allowed in full—
Other charges——Allowed in full—
Buildings insurance——Disallowed entirelyLandlord could not evidence the cost
Other charges——Allowed in full—
Gardening & grounds——Allowed in full—
Ground-rent-adjacent charges——Disallowed entirelyOther grounds

Key passages (verbatim)

“the Respondent has failed to carry out any repairs or maintenance on the Property and that there is evidence that internally the Property is in disrepair including broken doors, plug sockets and further damage to electrical cables”
On repairs & maintenance
“I am satisfied on balance that the Respondent has breached the covenant to provide access to the Property.”
On other charges
“I am not satisfied that the erection of a shed, a not unusual thing for people to do, and the abandonment would void the insurance and there is no evidence from the insurers as to the same.”
On buildings insurance
“On balance I am satisfied that he was keeping an animal at the Property without the Applicants consent and so is in breach of the lease.”
On other charges
“I am satisfied that despite notice being given the garden of the Property has not been properly maintained and that this is a breach of the lease.”
On gardening & grounds
“Determinations as to liability to pay ground rent are not matters within the Tribunals jurisdiction and are matters by which a County Court judgement should be obtained.”
On ground-rent-adjacent charges
“It is unfortunate that the same are only poor copies rather than the coloured photographs which would have been clearer.”
Of Applicant's evidence bundle (photographic evidence)

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.