CHI/45UC/LIS/2019/0081 — service charge decision
In CHI/45UC/LIS/2019/0081, decided 8 October 2020, the First-tier Tribunal considered 13 disputed service charge items at 39A Arundel Road, Littlehampton, West Sussex BN17 7BY and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 39A Arundel Road, Littlehampton, West Sussex BN17 7BY
Decision date: 8 October 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Parsons Son & Basley (PS&B).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (up to 2013) | £5,727.25 | £0 | Disallowed entirely | Section 20B 18-month time limit |
| Other charges (2014) | £936.34 | £938.59 | Allowed in full | — |
| Other charges (2015) | £1,155.63 | £1,155.63 | Allowed in full | — |
| Other charges (2016) | £945.13 | £945.13 | Allowed in full | — |
| Other charges (2017) | £1,015.97 | £1,015.97 | Allowed in full | — |
| Other charges (2018) | £1,144.52 | £1,144.52 | Allowed in full | — |
| Other charges (2019) | £1,281.66 | £1,281.66 | Allowed in full | — |
| Reserve fund contributions (2015) | £1,250 | £1,250 | Allowed in full | — |
| Reserve fund contributions (2016) | £588.33 | £300 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Reserve fund contributions (2017) | £588.33 | £300 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Reserve fund contributions (2018) | £588.33 | £300 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Reserve fund contributions (2019) | £300 | £300 | Allowed in full | — |
| Administration charges (2015) | £63 | £0 | Withdrawn | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“the Tribunal determines that no part of the service charges said to be due up to and including 31 December 2013 are payable by the Respondent.”
“For years 2014 – 2018 the actual expenditure as noted in the service charge accounts is agreed by Ms Wallace.”
“For years 2014 – 2018 the actual expenditure as noted in the service charge accounts is agreed by Ms Wallace.”
“For years 2014 – 2018 the actual expenditure as noted in the service charge accounts is agreed by Ms Wallace.”
“For years 2014 – 2018 the actual expenditure as noted in the service charge accounts is agreed by Ms Wallace.”
“For years 2014 – 2018 the actual expenditure as noted in the service charge accounts is agreed by Ms Wallace.”
“over the course of at least five years, neither the Applicant nor PS&B have made any attempt to respond to the Respondent's reasonable queries, or to justify their stance either with regard to the pre-2014 arrears, or to the reserve fund.”
“Apart from some correspondence in 2015 relating to the proposed roof works at that time, there is absolutely nothing from PS&B which seeks to explain the basis for the demands to the reserve fund. Indeed it was not until the hearing, and in response to questions from the Tribunal, that any attempt was made to justify the reserve contributions demanded.”
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.