CHI/21UG/LSC/2022/0127 & others — service charge decision
In CHI/21UG/LSC/2022/0127 & others, decided 7 July 2023, the First-tier Tribunal considered 8 disputed service charge items at 17 Knole Court and 2 Newdigate House, Knole Road, Bexhill on Sea, East Sussex and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 17 Knole Court and 2 Newdigate House, Knole Road, Bexhill on Sea, East Sussex
Decision date: 7 July 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Southdown Estates.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2020) | £784 | £0 | conceded | Not payable under the lease |
| Other charges (2020) | £30 | £0 | conceded | Not payable under the lease |
| Legal & professional costs (2020) | £1,080 | £0 | conceded | Not payable under the lease |
| Other charges (2020) | £60 | £0 | conceded | Not payable under the lease |
| Management fees (2020) | £23,052.58 | £19,054.71 | Reduced | Fee excessive for service delivered, Not payable under the lease |
| Legal & professional costs (2021) | £3,437.34 | £0 | conceded | Not payable under the lease |
| Other charges (2021) | £3,486.47 | £0 | conceded | Not payable under the lease |
| Management fees (2021) | £28,293.25 | £18,024.15 | Reduced | Fee excessive for service delivered, Not payable under the lease |
Key passages (verbatim)
“£784, for the construction of an archive store for the landlord's documents … the Respondent concedes that these sums are not payable under the service charge and have credited them.”
“£30, on 13th March 2020 for moving files to that store … the Respondent concedes that these sums are not payable under the service charge and have credited them.”
“£1,080 in legal fees on 9th January 2020 for chasing a bad debt … the Respondent concedes that these sums are not payable under the service charge and have credited them.”
“£60 on 28th August 2020 for the court fee for a dispute with a tenant … the Respondent concedes that these sums are not payable under the service charge and have credited them.”
“the only costs that are subject to the variations are the costs of Mr Howard and the office expenses; i.e. 23,052.58 … 10% is added for the management fee, being £19,054.71”
“the Respondent concedes that £3,437.34 in respect of legal fees … are not recoverable and has credited those items.”
“It is not clear whether, and if not, why not, the Respondent has carried out any balancing calculation, but if sums have been demanded in advance, then they should be reconciled with the figures set out above in order to arrive at the proper statement of account for the Applicant.”
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.