Decision summary

HAV/00MW/LSC/2025/0774 — service charge decision

In HAV/00MW/LSC/2025/0774, decided 6 July 2026, the First-tier Tribunal considered 2 disputed service charge items at Princess Court, 41 Castle Street, East Cowes, Isle of Wight and found largely for the leaseholder: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Princess Court, 41 Castle Street, East Cowes, Isle of Wight
Decision date: 6 July 2026
Full decision: Read on GOV.UK

Managing agent named in the decision: ERMC Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Major works (2025)£18,705.83£0Disallowed entirelyOther grounds
Management fees (2025)£1,056£0Disallowed entirelyOther grounds

Section 20C order: granted.

Key passages (verbatim)

“As the fire door remediation costs of £18,705.83 arose from a 'relevant defect' in accordance with Section 120 and Schedule 8 of the Act, no service charges are payable by the Applicants in respect of those works.”
On major works
“as the Tribunal found that the leaseholders were not obliged to pay any of the costs associated with the defective fire doors, this extra cost was associated with the cost of remedying the defect(s), and it therefore is not payable by way of service charge.”
On management fees
“Nevertheless, they asked the Tribunal to note the Respondents' attitude to the rules and their lack of compliance with the Directions, both as to timing and as to their initial failure to include a 'Statement of Truth' in witness evidence.”
Of Respondents (Captiva Homes Limited / ERMC Limited)
“Mr. Orchard was not an independent expert but was the designer and manufacturer of the timber frame used in the construction of Princess Court, and his evidence had not been tested in cross-examination.”
Of Dean Orchard (First Respondent's witness)
“Mr. Pink did not produce any evidence to suggest that any other works at all – let alone intrusive works - had been carried out to the fire doors between 2020 and 2025.”
Of James Pink / First Respondent Captiva Homes Limited

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.