Mr I R Perry FRICSNone for the ApplicantLimited T/A Burns Hamilton for the RespondentDate 15 August 2025Property: Bournemouth BH1 1HUType of application: Determination of liability to pay and reasonableness of service charges Section 27A Landlord and Tenant Act and orders pursuant to Section 20C of the Landlord and Tenant Act and paragraph 5A Schedule 11 of the Commonhold and Leasehold Reform Act 2002.
DECISION
[1]On 15th August 2025 the Tribunal determined that the service charges relating to balcony works are not payable as part of the overall service charge for Horseshoe Court. The costs relating to balconies are the responsibility of individual flat owners who have the benefit of a balcony.[2]Applications made in respect of Section 20C of the Landlord and Tenant Act and paragraph 5A Schedule 11 of the Commonhold and Leasehold Reform Act 2002 relating to the costs of this application are granted so that the costs of this application should not be included in the service charges levied against all leaseholders. Background[1]The Applicant has made an application for determination of liability to pay and the reasonableness of service charges for the years 2024 and 2025. The total amount in dispute is £11,082.75. The application was received on 24th March 2025.[3]The Applicant further seeks orders pursuant to Section 20C of the Landlord and Tenant Act and paragraph 5A Schedule 11 of the Commonhold and Leasehold Reform Act 2002.[4]The Property is a ground floor flat within a purpose-built block. The issue to be determined is whether the Applicant is liable to contribute to works to balconies in the block.[5]The Tenants, including the Applicant, each own a 1/12th share of the Freehold.[6]The Tribunal issued directions on 4th June 2025. Those Directions indicated a preliminary opinion that the application was likely to be suitable for determination on the papers.[7]There has been no objection from either party to this approach.[8]A bundle of papers has been submitted by the Applicant which runs to 212 pages. Any reference to the bundle will be made to the page number in square brackets […].[9]The bundle contains a clear statement as to the Respondents position, including legal advice that it has obtained.[10]The Tribunal issued further Directions on 21st July 2025 confirming that as the issue in dispute requires a determination as to the lease provisions there is no need to hear further from either party and the matter can be determined on the papers with no need for a hearing. The Law Section 27A Liability to pay service charges: Jurisdiction