Decision summary

HAV/00HH/LSC/2025/0667 — service charge decision

In HAV/00HH/LSC/2025/0667, decided 30 March 2026, the First-tier Tribunal considered 8 disputed service charge items at 32 Clarendon Court, Stitchill Road, Torquay, Devon and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 32 Clarendon Court, Stitchill Road, Torquay, Devon
Decision date: 30 March 2026
Full decision: Read on GOV.UK

Managing agent named in the decision: FirstPort Group Limited (formerly Blenheim Estate and Asset Management).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Buildings insurance (2021-22)—£229.17ReducedCosts unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost
Buildings insurance (2022-23)—£236.11ReducedCosts unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost
Buildings insurance (2025-26)——ReducedNot payable under the lease
Buildings insurance (2023-24)——Allowed in full—
Reserve fund contributions (2021-22)——Allowed in full—
Reserve fund contributions (2022-23)——Allowed in full—
Reserve fund contributions (2023-24)——Allowed in full—
Other charges (2025-26)——Disallowed entirelyLeaseholder evidence insufficient

Section 20C order: granted.

Key passages (verbatim)

“the service charges payable by the buildings insurance payable by the Applicant are reduced to £229.17 (1/36 of £8,250.00) for the service charge year 25th March 2021 to 24th March 2022”
On buildings insurance
“£236.11 (1/36 of £8,500.00) for the service charge year 25th March 2022 to 24th March 2023”
On buildings insurance
“reduced by the cost of directors' and officers' insurance, so by £6.20 (1/36 of £223.32)”
On buildings insurance
“the Tribunal accepts that the budget sum provided by the Respondent of £17,755.00 was reasonable on the information known to the Respondent at time”
On buildings insurance
“the service charges demanded from the Applicant year by year to be paid into the reserve fund for the years involved in these proceedings have been payable as demanded”
On reserve fund contributions
“the service charges demanded from the Applicant year by year to be paid into the reserve fund for the years involved in these proceedings have been payable as demanded”
On reserve fund contributions
“The Tribunal finds that the Respondent was too laissez-faire about the insurance cost and did too little to ensure that the premium was at a reasonable level. Simply leaving matters entirely to the agent and/or broker and taking no, at least discernible, interest in the matter was not sufficient to be a rational approach and to achieve a reasonable outcome.”
Of Respondent (Codesurf/directors) — approach to insurance renewal
“the Tribunal does not consider Mr Scholey's choice of language to have been the best”
Of language regarding claims history
“On the evidence provided, the reserve fund had been used as a sort of general slush fund. There had apparently been insufficient service charge funds for expenditure and so the Respondent had taken sums from the reserve fund to meet the costs.”
Of Respondent — use of reserve fund
“The Respondent's short statement and document confirming the Respondent's statement (which the Tribunal will term collectively as Mr Scholey's statement) [147-150] lacked any statement of truth, with potential effect on the weight to be given to it - and rendering that document also not compliant with the Directions.”
Of Respondent — compliance with directions (statement of truth)

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.