CHI/24UJ/LSC/2024/0126 — service charge decision
In CHI/24UJ/LSC/2024/0126, decided 21 October 2024, the First-tier Tribunal considered 6 disputed service charge items at Stable Cottage, Holmfield, 103 High Street, Lyndhurst, Hampshire, SO43 7BH and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Stable Cottage, Holmfield, 103 High Street, Lyndhurst, Hampshire, SO43 7BH
Decision date: 21 October 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Kevin Stratford (Kevin Stratford Property Consultant).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2015/16–2022/23) | — | — | Reduced | No Section 20 consultation |
| Buildings insurance (2015/16–2022/23) | — | — | Allowed in full | — |
| Repairs & maintenance (2021/22) | — | — | Allowed in full | — |
| Repairs & maintenance (2021/22) | — | — | Allowed in full | — |
| Administration charges (2015/16–2022/23) | — | — | Disallowed entirely | Not payable under the lease |
| Major works (2016/17) | £2,671.70 | £2,671.70 | Allowed in full | — |
Key passages (verbatim)
“the agreement to manage Holmfield made between the Applicant and Mr Stratford in 2015, albeit a verbal agreement … is in the view of the Tribunal a qualifying long term agreement … the amount of service charge payable by the Respondent in respect of managing agents fees is limited to £100 per year. That equates to a reduction in service charge payments payable by the Respondent … of £1655.”
“There is nothing in the evidence before it to suggest to the Tribunal that the costs of insuring the buildings at Holmfield have not been reasonably incurred. The Tribunal is satisfied that such costs have been reasonably incurred and are recoverable as part of the service charge payable.”
“tree works/survey at a cost of £3946.60 … 6% of that sum was charged to the Respondent's service charge account equating to the sum of £209.80. That fell below the figure of £250 that would trigger the need for a consultation as required by section 20.”
“drain camera survey … 8% of that sum was charged to the Respondent's service charge account producing a figure of £143.04, below the section 20 threshold for a consultation process to be triggered.”
“the Tribunal determines that the administration charges sought by the Applicant from the Respondent in the form of claims for interest for late payment of service charges and ground rent and in respect of alleged additional management charges are not payable by the Respondent.”
“Mr Morris helpfully confirmed that the figure in the 2016/17 annual account for external painting of £2671.70 was not in dispute. He was content that the consultation requirements of section 20 of the Landlord and Tenant Act 1985 had been complied with.”
“Properly, under the terms of the lease, the Applicant should certify the annual service charge accounts but has failed to do so.”
“He accepted that threats that he had made historically to cut off the water supply to Stable Cottage were wrong, that he shouldn't have made them and that that he was sorry for doing so.”
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.