Decision summary

LON/00AS/LSC/2019/0270 — service charge decision

In LON/00AS/LSC/2019/0270, decided 2 December 2020, the First-tier Tribunal considered 6 disputed service charge items at Tarleton Lodge, Breakspear Estate, Uxbridge area and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Tarleton Lodge, Breakspear Estate, Uxbridge area
Decision date: 2 December 2020
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges (2013-2019)—£2,152.79concededCosts unreasonably incurred (s19(1)(a))
Other charges (2013-2019)£1,063.45£0Disallowed entirelyOther grounds
Other charges (2013-2019)£700£0Disallowed entirelyOther grounds
Other charges (2013-2019)£700£0Disallowed entirelyOther grounds
Other charges (2013-2019)£750£0Disallowed entirelyLeaseholder evidence insufficient, Other grounds
Other charges (2013-2019)£1,500£0Disallowed entirelyLeaseholder evidence insufficient, Other grounds

Key passages (verbatim)

“Mr Rainford sensibly took a pragmatic view and during the hearing offered to repay the Claimant the £2,152.79 she asked for.”
On other charges
“this is not a case in which I should exercise my discretion under s.69(1) County Courts Act 1984 to award interest on the amount to be repaid. This is because it is not a debt, it is the repayment of sums the Claimant voluntarily chose to pay”
On other charges
“The claims for damages for distress, anxiety and harassment arising from a service charge dispute or breach of contractual obligations by a freehold developer are not known to the law, and are dismissed.”
On other charges
“The claims for damages for distress, anxiety and harassment arising from a service charge dispute or breach of contractual obligations by a freehold developer are not known to the law, and are dismissed.”
On other charges
“these figures, which appear in paragraphs 78 and 79 of the Claimant's document dated 21 March 2020, are not broken down or explained in any way and would seem to be plucked out of the air.”
On other charges
“these figures, which appear in paragraphs 78 and 79 of the Claimant's document dated 21 March 2020, are not broken down or explained in any way and would seem to be plucked out of the air.”
On other charges
“these figures, which appear in paragraphs 78 and 79 of the Claimant's document dated 21 March 2020, are not broken down or explained in any way and would seem to be plucked out of the air.”
Of Claimant (Lynne Simpson)

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.