CHI/40UB/LIS/2022/0017 — service charge decision
In CHI/40UB/LIS/2022/0017, decided 17 October 2022, the First-tier Tribunal considered 5 disputed service charge items at 27D High Street, Glastonbury, BA6 9DR and found largely for the leaseholder: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 27D High Street, Glastonbury, BA6 9DR
Decision date: 17 October 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2021-22) | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2021-22) | — | — | Disallowed entirely | Not payable under the lease |
| Management fees (2021-22) | — | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2021-22) | — | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2021-22) | £809.93 | £0 | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“The invoice dated 27 October 2021 [109] is not therefore payable although this does not preclude a further invoice being rendered limited to the cost of Insurance and Repairs/Maintenance once those costs have been incurred.”
“Clause 1.3 of the Deed of Variation is clear that it is 'costs incurred' that must be reimbursed rather than 'costs to be incurred' and as such any demand can only be issued after the Lessor has made payment for the service that is to be reimbursed.”
“The costs of any managing agent, accountant or Company House fee are not recoverable.”
“Unlike the other two leases there is no provision for the Respondent to make any contribution to a sinking fund or to make interim payments on account.”
“The invoice dated 27 October 2021 [109] is not therefore payable although this does not preclude a further invoice being rendered limited to the cost of Insurance and Repairs/Maintenance once those costs have been incurred.”
“The Applicant considers that the terms of the other two leases are relevant when determining the service charge liability of the Respondent, but this view is misplaced. The terms under which the Respondent occupies No 27D are clearly set out in his lease and lease variation and it is the terms contained in those documents that must determine any service charge liability.”
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.