CHI/45UH/LSC/2021/0120 — service charge decision
In CHI/45UH/LSC/2021/0120, decided 4 July 2022, the First-tier Tribunal considered 10 disputed service charge items at 4 Holly Lodge, 80 St. Lawrence Avenue, Worthing, West Sussex, BN14 7JJ and found largely for the leaseholder: 10 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 4 Holly Lodge, 80 St. Lawrence Avenue, Worthing, West Sussex, BN14 7JJ
Decision date: 4 July 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: J H Watson Property Management Limited (Company number 01883919).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2017/18) | £72 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2018/19) | £72 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019/20) | £72 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020/21) | £144 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Utilities (2020/21) | £100 | £0 | Disallowed entirely | Works not necessary, Landlord could not evidence the cost |
| Reserve fund contributions (2020/21) | £1,200 | £0 | Disallowed entirely | Other grounds |
| Other charges (2021/22) | £300 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Utilities (2021/22) | £150 | £0 | Disallowed entirely | Works not necessary |
| Reserve fund contributions (2021/22) | £1,200 | £0 | Disallowed entirely | Other grounds |
| Repairs & maintenance (2021/22) | — | £0 | Disallowed entirely | Works not necessary |
Section 20C order: granted.
Key passages (verbatim)
“Whilst the charges already made for Health and Safety are modest there is no indication as to how they have been incurred and as such must be disallowed.”
“Whilst the charges already made for Health and Safety are modest there is no indication as to how they have been incurred and as such must be disallowed.”
“Whilst the charges already made for Health and Safety are modest there is no indication as to how they have been incurred and as such must be disallowed.”
“Whilst the charges already made for Health and Safety are modest there is no indication as to how they have been incurred and as such must be disallowed.”
“Given that there is no other requirement for a communal electricity supply I determine that any costs incurred are not recoverable by way of the service charge.”
“General reserve £1,200.00”
“Whilst the charges already made for Health and Safety are modest there is no indication as to how they have been incurred and as such must be disallowed.”
“it would be perverse for them to be able to do so given the outcome.”
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.