CHI/45UH/LSC/2024/0042 — service charge decision
In CHI/45UH/LSC/2024/0042, decided 18 September 2025, the First-tier Tribunal considered 10 disputed service charge items at Flat 3, 9 Western Place, Worthing, BN11 3LU and found largely for the leaseholder: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 9 Western Place, Worthing, BN11 3LU
Decision date: 18 September 2025
Full decision: Read on GOV.UK
Managing agent named in the decision: ADJ Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2017-18) | £803.54 | £803.54 | Allowed in full | — |
| Major works (2017-18) | £680 | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2017-18) | £150 | £150 | Allowed in full | — |
| Legal & professional costs (2019-20) | £900 | £900 | Allowed in full | — |
| Legal & professional costs (2020-21) | £4,490 | £4,490 | Allowed in full | — |
| Legal & professional costs (2020-21) | £441 | £441 | Allowed in full | — |
| Legal & professional costs (2020-21) | £1,500 | £1,500 | Allowed in full | — |
| Legal & professional costs (2021-22) | £1,556.36 | £1,556.36 | Allowed in full | — |
| Other charges (2021-22) | £161.04 | £161.04 | Allowed in full | — |
| Major works (2019-20) | £22,182.02 | £0 | Disallowed entirely | Historic neglect, Estoppel or prior agreement |
Key passages (verbatim)
“The Tribunal finds that there is no evidence presented by the Respondent which supported the cost being higher than it ought to have been and unreasonable.”
“The Tribunal determines that the Respondent was not entitled to replace the front doors to the flats and to charge the costs as service charges.”
“On balance the Tribunal concluded that it lacked anything tangible on which it could determine that the standard of the work fell below a reasonable standard.”
“the proper determination is that the solicitor's costs are service costs reasonable and the service charges which relate to them are payable”
“the proper determination is that the solicitor's costs are service costs reasonable and the service charges which relate to them are payable”
“The Tribunal is not persuaded that the cost for the report is not payable in full. The service costs are allowed of that £441.00.”
“It will readily be gleaned that the Tribunal is not impressed by the Applicant's speed of response even after the written notification and Mr Haslam's candour in the hearing does not mitigate that.”
“the Tribunal unequivocally determines that to be wrong and rather the Applicant was obliged to address the internal effects of its lack of external maintenance.”
“Mr Gallagher was asked to explain the legal basis for the approach taken. He was unable to do so. The best that could be offered by him, as very experienced and senior counsel, was that there was perhaps some drafting precedent taking that approach. It will come as no surprise for the Court to observe that is not remotely an adequate explanation.”
“It is therefore surprising both that the Applicant/ it's agents did not provide the documents to Ms Jenkins and also that Ms Jenkins did not enquire about the existence of any such documents - at the very least when she was being asked to consider the interior only which is the less than usual situation, but also because there was plainly work being undertaken to the Building when she attended and a high likelihood of documentation regarding that.”
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.