Flat 11, Victoria Place, Victoria Road, Poole, Dorset, BH12 3EE HAV/00HP/LVA/2024/0500

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No HAV/00HP/LVA/2024/0500

Between

Simon ColemanApplicant

Assethold LtdRespondent

Before

Tribunal Judge Whitney

Respondent : Assethold Ltd Representative : Eagerstates Ltd for the Applicant

Eagerstates Ltd for the Respondent

Date 30 April 2025

Property: Flat 11, Victoria Place, Victoria Road, Poole, Dorset, BH12 3EE

Type of application: Determination as to liability to pay an administration charge Schedule 11 Commonhold and Leasehold Reform Act 2002

DECISION

[10]The Tribunal accepts the Applicant’s arguments and is satisfied that the Respondent is not entitled to recover the administration charges which are the subject of this application as no summary of rights was provided with the demand that was sent. Further I accept the submissions of the Tribunal that even if a summary was attached the clause relied on under the lease does not allow recovery of a fee for collecting ground rent. This clause relates to service charges and I take account of the various decisions to which I am referred, whilst not binding upon me, I accept that the Respondent is not entitled to charge a fee to the leaseholder for demanding and collecting the ground rent due under the lease. Any expense incurred is an expense for the Respondent to bear out of its ground rent income.

[11]I determine that the Applicant is not liable to pay the three demands of £60 and that such monies as have been paid should be refunded.

[12]Further I make an order pursuant to Section 20C of the Landlord and Tenant Act 1985 and paragraph 5A of Schedule 11 of the Commonhold and Leasehold Reform Act 2002 and in addition, order that within 28 days of the issue of this Decision, the Respondent shall reimburse the Applicant’s application fee of £100. RIGHTS OF APPEAL

[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk

[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

[3]If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.