Flats 1-9, St Thomas Church, Southgate Street, Winchester, Hampshire, SO23 9EF
CHI/24UP/LSC/2022/0105 · service charges · Winchester · decided 20 Jun 2023
The tribunal held that the applicant's proposed re-apportionment of service charges, using five different methods, is not permitted under the leases, so charges on that scheme are not payable, and the backdating claim also fails.
| Outcome | Dismissed or struck out |
|---|---|
| Section 20C (landlord's costs of the case) | Not applied for |
| Section 20 consultation | Not in issue |
| Who applied | Landlord or management company |
| Freeholder / landlord | St Thomas Church (Winchester) Management Ltd |
| Management company | St Thomas Church (Winchester) Management Ltd |
| Managing agent | Belgarum Property Management Limited |
| Building | A block, 9 flats |
| Service charge years in dispute | not stated |
| Items in dispute | administration charges, cleaning and grounds, insurance, major works, other, repairs and maintenance, utilities |
| Items disallowed or reduced | none stated |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
converted by a private developer into 9 prestigious flats
- freeholder
The applicant is the lessee-owned freehold company
- agent
The managing agents are Belgarum Property Management Limited.
- outcome
The Tribunal therefore concludes that service charges based on the applicant’s proposed scheme would not be payable under s.27A(3) of the 1985 Act.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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