CHI/43UM/LIS/2021/0042 — service charge decision
In CHI/43UM/LIS/2021/0042, decided 12 January 2022, the First-tier Tribunal considered 3 disputed service charge items at 2 Holly Lodge, Beechwood Road, Knaphill, Woking, GU21 2BT and found largely for the leaseholder: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 2 Holly Lodge, Beechwood Road, Knaphill, Woking, GU21 2BT
Decision date: 12 January 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | £1,710.40 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Not payable under the lease |
| Buildings insurance | £10.40 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights |
| Repairs & maintenance | £750 | — | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Landlord could not evidence the cost |
Key passages (verbatim)
“The sums demanded have not, in respect of any of them, identifiably been demanded in accordance with the provisions in the Lease or indeed pursuant to the Lease.”
“That payment would have been due pursuant to the Lease on 24th June 2021 - the next rent payment date after the extra cost was incurred. It necessarily follows that it was not due as the date of issue of the claim in May 2021.”
“it was unclear why the claimed sum for the cost of removal of trees was £750.00, an email of December 2020 from the Applicant's representative to the lessees indicating that a quote of £3000.00 had been received but then a lower one of £2160.00.”
“The cases presented were unsatisfactory at best. There was a failure to understand the primacy of the Lease and the requirements imposed by it or to understand the relationship between that and the separate Maintenance Agreement.”
“The email and statement do not, and do not demonstrably attempt to, comply with statutory requirements for service charge demands.”
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.