CHI/43UD/LSC/2021/0009 & others — service charge decision
In CHI/43UD/LSC/2021/0009 & others, decided 4 November 2021, the First-tier Tribunal considered 5 disputed service charge items at Flat 5, 41 York Road, Guildford, Surrey and found largely for the leaseholder: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 5, 41 York Road, Guildford, Surrey
Decision date: 4 November 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Ian Humberstone Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2019) | £1,684.17 | £0 | Disallowed entirely | Landlord could not evidence the cost, Other grounds |
| Other charges (2020) | — | — | conceded | — |
| Other charges (2021) | — | — | conceded | — |
| Administration charges (2019) | £102 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Ground-rent-adjacent charges (2019) | £75 | £0 | Disallowed entirely | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“He has not provided the Tribunal with a copy of a demand issued to the Applicant for those service charges. For those reasons the Tribunal determines that Applicant is not liable to pay any service charges for 2019 to the Respondent.”
“the Applicant agreed that because of the information that the Respondent has now disclosed both in the bundle and during the Hearing… he was prepared to accept that the service charges for 2020 and 2021 are reasonable.”
“the Applicant agreed that because of the information that the Respondent has now disclosed both in the bundle and during the Hearing… he was prepared to accept that the service charges for 2020 and 2021 are reasonable.”
“The Claimant has failed to demonstrate that he is legally entitled to any of amounts claimed from the Applicant.”
“I therefore dismiss the Claimant's monetary claim for service charges administration costs ground rent and interest.”
“The Tribunal explained to the Respondent that he had not complied with the Tribunal Directions. The Directions dated 7 April 2021 (which are not in the Hearing Bundle) directed him to provide, amongst other things, copies of audited accounts (if required by the lease) together with all demands for payment and details of all and any payments made 7 days before the CMH [Paragraph 11].”
“He told the Tribunal that he had relied on information obtained from the previous managing agent and conceded that he had not obtained as much information as he should have done prior to completing his purchase of the freehold of the Property.”
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.