Decision summary

CHI/43UC/LIS/2022/0013_0015_0016 — service charge decision

In CHI/43UC/LIS/2022/0013_0015_0016, decided 29 November 2022, the First-tier Tribunal considered 14 disputed service charge items at Ashley House, Ashley Road, Epsom, KT18 5AZ and reached a mixed result: 14 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Ashley House, Ashley Road, Epsom, KT18 5AZ
Decision date: 29 November 2022
Full decision: Read on GOV.UK

Managing agent named in the decision: Peak Estates Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges (2019)—£0Disallowed entirelyApportionment error, Duplication of charges
Other charges (2020)—£704.85ReducedDuplication of charges, Other grounds
Other charges (2021)—£2,546.04ReducedDuplication of charges
Other charges (2022)£1,487.10£0Disallowed entirelyDuplication of charges, Landlord could not evidence the cost
Other charges (2019)—£0Disallowed entirelyApportionment error, Duplication of charges
Other charges (2020)—£1,874.71ReducedDuplication of charges, Other grounds
Other charges (2021)—£2,898.97ReducedDuplication of charges
Other charges (2022)£1,693.24£688.39ReducedDuplication of charges, Landlord could not evidence the cost
Other charges (2019)—£159.79ReducedApportionment error, Duplication of charges
Other charges (2020)—£1,397.02ReducedDuplication of charges, Other grounds
Other charges (2021)—£1,958.03ReducedDuplication of charges
Other charges (2022)£1,163.18£381.46ReducedDuplication of charges, Landlord could not evidence the cost
Management fees (2019)——ReducedDuplication of charges
Administration charges (2019)—£0Disallowed entirelyNot payable under the lease

Key passages (verbatim)

“75% apportioned for 2019 (6th Schedule of Lease) 830.17 / Credit to be given for 2 x £660.33 paid in 2019 by Lessee (page 177) -1320.40 / Total credit -490.22”
On other charges
“Amount payable 704.85”
On other charges
“Deduct 213.77 duplicated management fee … Amount payable 2546.04”
On other charges
“Total payable -608.16 … nothing is payable toward the interim demands for 2022 on the evidence put before the Tribunal.”
On other charges
“75% apportioned for 2019 (6th Schedule of Lease) 2,072.98 / Credit to be given for payments … Total credit -911.96”
On other charges
“Amount payable 1,874.71”
On other charges
“The 'Particulars of Claim' and accompanying documents have not explained its case as clearly as would be expected from managing agents and as the Tribunal's directions required. The Tribunal has not been shown evidence of attempts to resolve differences about service charge calculations with the lessees by way of alternative dispute resolution.”
Of Applicant / Peak Estates Limited
“The Applicant or its agent appears to have calculated service charges for the 2019 service charge year on the basis that no apportionment is necessary. This is an incorrect understanding of the Lease.”
Of Applicant / Peak Estates Limited
“The additional management fee and VAT thereon has been charged twice in each case. It is an error of calculation or other administrative error.”
Of Applicant / Peak Estates Limited
“The absence of evidence produced by the Applicant or its agent about how the interim demands for 2022 were calculated, or information about this in the Particulars of Claim means the Tribunal has had to do the best it can on the available evidence.”
Of Applicant / Peak Estates Limited

Related

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.