CHI/45UC/LBC/2021/0005 & others — service charge decision
In CHI/45UC/LBC/2021/0005 & others, decided 10 August 2021, the First-tier Tribunal considered 11 disputed service charge items at Flats 17 and 25, First Floor, 25 Sea Road, East Preston, Littlehampton, West Sussex and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 17 and 25, First Floor, 25 Sea Road, East Preston, Littlehampton, West Sussex
Decision date: 10 August 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Withdrawn | — |
| Other charges | — | — | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal concludes that there is insufficient evidence to make a determination that a breach of this covenant occurred in respect of this one incident alone.”
“The erection of the fence is a clear breach of Clause 3(8)(a) (not to make alterations improvements etc) and the fact that the breach may now have been remedied is irrelevant to the present jurisdiction.”
“it does constitute a breach of clause 3(9)(a) (nuisance annoyance) and potentially also clause 3(9)(b) (insurance).”
“In the absence of further evidence the Tribunal is reluctant to hold that a breach of sub-clause (9)(b) has occurred.”
“Ms Merrydew has admitted that her car was or had been parked in the area and she is therefore in breach of the rights given to her under her lease… her actions have obstructed the access way to the property.”
“The Tribunal finds this allegation proved.”
“The Applicant's application in this respect had been totally misconceived and unnecessary.”
“She admitted to the Tribunal that she had assumed that the postponement would be granted.”
“Dr Steffin had been effectively the only actual witness to many of the allegations raised by the Applicant and their failure to call him was not explained.”
“He appeared to have little actual knowledge of the property or its condition and relied on the statement given by Dr Steffin, tenant of the ground floor dentist's practice for his information.”
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.