CHI/19UJ/LSC/2020/0026 — service charge decision
In CHI/19UJ/LSC/2020/0026, decided 2 February 2021, the First-tier Tribunal considered 11 disputed service charge items at Flat 6, Grosvenor Apartments, 8a Grosvenor Road, Weymouth, Dorset and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 6, Grosvenor Apartments, 8a Grosvenor Road, Weymouth, Dorset
Decision date: 2 February 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2018) | £87 | £74.22 | Reduced | Demand formally invalid |
| Utilities (2018) | — | £17.51 | Reduced | Demand formally invalid |
| Other charges (2018) | £334 | — | Disallowed entirely | Demand formally invalid, Landlord could not evidence the cost |
| Reserve fund contributions (2018) | £75.60 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2019) | £74.31 | £75.19 | Allowed in full | — |
| Utilities (2019) | — | £12.34 | Reduced | Demand formally invalid |
| Other charges (2019) | £320.67 | — | Disallowed entirely | Demand formally invalid, Landlord could not evidence the cost |
| Reserve fund contributions (2019) | £31.57 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2020) | — | £79.57 | Allowed in full | — |
| Utilities (2020) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020) | £650 | — | Disallowed entirely | Demand formally invalid, Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“Insurance – £74.22 (one 12th of £890.71)”
“Electricity – £17.51 (one 12th of £210.16)”
“no service charge becomes payable until the statutory requirements have been complied with”
“there is no provision in the lease for creation of any 'contingency' or 'sinking' fund”
“Insurance – £75.19 (one 12th of £902.29)”
“Electricity - £12.34 (one 12th of £148.14)”
“If, once put on notice that there was a breach of statutory requirements, Mr. Wright and/or his solicitors had supplied all available supporting documentation immediately, the matter could have been resolved there and then.”
“the landlord should have had the annual accounts audited and certified by a qualified accountant for each of the relevant years.”
“there should have been some explanation given for the global figures for 'service charge' in the demands for each of the relevant years.”
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.