CHI/24UG/LSC/2022/0037 — service charge decision
In CHI/24UG/LSC/2022/0037, decided 21 November 2022, the First-tier Tribunal considered 7 disputed service charge items at 56 Oakleigh Square, Hampshire Lakes, Hammond Way, Yateley, GU46 7AG and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 56 Oakleigh Square, Hampshire Lakes, Hammond Way, Yateley, GU46 7AG
Decision date: 21 November 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Staffing & concierge (2018-19) | — | — | Allowed in full | — |
| Staffing & concierge (2019-20) | — | — | Reduced | Not payable under the lease |
| Staffing & concierge (2020-21) | — | — | Reduced | Not payable under the lease |
| Other charges (2018-19) | — | — | Disallowed entirely | Not payable under the lease |
| Other charges (2019-20) | — | — | Disallowed entirely | Not payable under the lease |
| Other charges (2020-21) | — | — | Disallowed entirely | Not payable under the lease |
| Staffing & concierge (2018-19) | — | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the Tribunal is of the view that the Respondent's approach to calculating and apportioning the staffing costs of running the laundry between the leaseholders and the care home is reasonable.”
“The expenses in providing private housekeeping services are not an expense in the view of the Tribunal that can be recovered by the Respondent under the terms of the Lease from the Lessees as part of the service charge. They are not 'relevant costs' (S18 of the 1985 Act).”
“The expenses in providing private housekeeping services are not an expense in the view of the Tribunal that can be recovered by the Respondent under the terms of the Lease from the Lessees as part of the service charge. They are not 'relevant costs' (S18 of the 1985 Act).”
“the figure for catering costs are not expenses that the Respondent can recover under the terms of the Lease from the Lessees as part of the service charge. They are not 'relevant costs' (S18 of the 1985 Act).”
“for each of the 3 years ending 31 March 2019, 31 March 2020 and 31 March 2021, the figure for catering costs are not expenses that the Respondent can recover under the terms of the Lease from the Lessees as part of the service charge.”
“for each of the 3 years ending 31 March 2019, 31 March 2020 and 31 March 2021, the figure for catering costs are not expenses that the Respondent can recover under the terms of the Lease from the Lessees as part of the service charge.”
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.