CHI/21UD/LSC/2023/0060 — service charge decision
In CHI/21UD/LSC/2023/0060, decided 23 January 2024, the First-tier Tribunal considered 49 disputed service charge items at 39-40 Cornwallis Gardens, Hastings and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 39-40 Cornwallis Gardens, Hastings
Decision date: 23 January 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2017) | — | — | Allowed in full | — |
| Other charges (2018) | — | £360 | Allowed in full | — |
| Utilities (2017) | — | £245 | Allowed in full | — |
| Utilities (2018) | — | £253 | Allowed in full | — |
| Utilities (2019) | — | £207 | Allowed in full | — |
| Utilities (2020) | — | £116 | Allowed in full | — |
| Utilities (2021) | — | £184 | Allowed in full | — |
| Utilities (2022) | — | £171 | Allowed in full | — |
| Management fees (2017) | — | £2,496 | Allowed in full | — |
| Management fees (2018) | — | £2,616 | Allowed in full | — |
| Management fees (2019) | — | £2,496 | Allowed in full | — |
| Management fees (2020) | — | £2,616 | Allowed in full | — |
| Management fees (2021) | — | £2,796 | Allowed in full | — |
| Management fees (2022) | — | £3,216 | Allowed in full | — |
| Buildings insurance (2017) | — | £2,035 | Allowed in full | — |
| Buildings insurance (2018) | — | £2,118 | Allowed in full | — |
| Buildings insurance (2019) | — | £2,299 | Allowed in full | — |
| Buildings insurance (2020) | — | £2,588 | Allowed in full | — |
| Buildings insurance (2021) | — | £2,885 | Allowed in full | — |
| Buildings insurance (2022) | — | £2,955 | Allowed in full | — |
| Repairs & maintenance (2017) | — | £615 | Allowed in full | — |
| Repairs & maintenance (2018) | £18,670 | £3,270 | Reduced | Other grounds |
| Repairs & maintenance (2019) | — | £1,005 | Allowed in full | — |
| Repairs & maintenance (2020) | — | £2,432 | Allowed in full | — |
| Repairs & maintenance (2021) | — | £1,398 | Allowed in full | — |
| Repairs & maintenance (2022) | — | £1,154 | Allowed in full | — |
| Other charges (2017) | — | £68 | Allowed in full | — |
| Other charges (2018) | — | £19 | Allowed in full | — |
| Other charges (2019) | — | £21 | Allowed in full | — |
| Other charges (2020) | — | £10 | Allowed in full | — |
| Other charges (2021) | — | £22 | Allowed in full | — |
| Other charges (2022) | — | £23 | Allowed in full | — |
| Reserve fund contributions (2017) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2018) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2019) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2020) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2021) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2022) | — | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | — | £694 | Allowed in full | — |
| Other charges (2018) | — | £1,304 | Allowed in full | — |
| Other charges (2019) | — | £890 | Allowed in full | — |
| Other charges (2020) | — | £1,290 | Allowed in full | — |
| Other charges (2021) | — | £722 | Allowed in full | — |
| Other charges (2022) | — | £1,006 | Allowed in full | — |
| Other charges (2021) | — | £220 | Allowed in full | — |
| Other charges (2022) | — | £230 | Allowed in full | — |
| Legal & professional costs (2018) | — | £2,580 | Allowed in full | — |
| Legal & professional costs (2020) | — | £5,102 | Allowed in full | — |
| Legal & professional costs (2022) | — | £5,512 | Allowed in full | — |
Key passages (verbatim)
“The Tribunal finds that such fees are payable under the lease. In the absence of evidence to the contrary from the Respondent and using its own judgement, it finds the sums charged are reasonable.”
“The Tribunal finds that such fees are payable under the lease. In the absence of evidence to the contrary from the Respondent and using its own judgement, it finds the sums charged are reasonable.”
“The Tribunal finds the costs of lighting the common parts referred to in Clause 5 (2) include the cost of communal electricity. Accordingly such fees are payable under the lease.”
“The Tribunal finds the costs of lighting the common parts referred to in Clause 5 (2) include the cost of communal electricity.”
“The Tribunal finds that Management fees are payable as claimed by virtue of Schedule 5 of the lease. In the absence of evidence to the contrary from the Respondent and using its own judgement, it finds the sums charged are reasonable.”
“The Tribunal finds that insurances are payable as claimed and in the absence of contrary evidence from the Respondent finds that the charges levied are reasonable.”
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.