First-tier Tribunal Adjusts Service Charges Based on Reasonable Costs

OUTCOME: Allowed in Part

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In the FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Tribunal Case reference : LON/00AH/LSC/2025/0786 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] represented by [COUNSEL] of counsel Respondent : [redacted] Type of application : Service charges Tribunal : Judge Adrian Jack, Tribunal Member [NAME], Tribunal Member Owen Miller Date of decision : 17th October 2025

DECISION

1. By a claim form issued in the County Court about 7th May 2024 under claim number L1QZ12N5, the applicant claimant claimed against the respondent defendant the sum of £12,162.51 in respect of “half yearly service charge [due] in advance” from 1st October 2017 to 1st April 2022, £1,989 said to be due on 1st October 2019 in respect of “arrears recovery” and £60 said to be due on 17th May 2022 in respect of a late payment charge.

2. By order of 15th April 2025 District Judge Jacobs ordered that the case be transferred to this Tribunal. The claims for £1,989 said to be due on 1st October 2019 in respect of “arrears recovery” and £60 said to be due on 17th May 2022 in respect of a late payment charge are not within our

2 jurisdiction and we do not determine these. These will be a matter for the County Court once the matter is transferred back to it.

3. The Tribunal subsequently gave directions and in particular ordered that the parties prepare a Scott Schedule setting out their respective cases.

4. Although the Claim Form in the County Court claimed only estimated service charges payable in advance, the parties in fact pleaded final amounts due in all the service charge years up to the years ending 31st March 2022 and 31st March 2023. The parties agreed that we should determine the final amounts in the years up to the year ending 31st March 2021 and we have done so.

5. At the commencement of the hearing before us, the respondent indicated that she wanted us to determine final figures in the service charge years ending 31st March 2022 to date. This was first suggested in a document dated 5th October 2025. No disclosure of documents had been given. The applicant opposed the application.

6. We indicated that we only had jurisdiction over the matters referred to us by the County Court. In view of the lateness of the application, it was inappropriate to adjourn to allow for the issuance of a formal application to the Tribunal for determination of the matters which fell outwith the transfer from the County Court. Nor was it appropriate to grant an adjournment for the amendment of the Scott Schedule.

7. The respondent accepted this position and we proceeded to hear the matters which were before us.

8. The respondent gave evidence on her own behalf. The applicant had Ms [APPELLANT] in attendance to give evidence, but in fact her first involvement in the property was from September 2024, so she was able to give very little relevant information. The applicant relied largely just on such documents as it was able to produce. (There were various lacunae which we note in the Scott Schedule.)

9. As to costs, in our judgment the respondent has had a substantial degree of success. In these circumstances, it is appropriate to make no order for costs in respect of the fees payable to the Tribunal. There were no other applications for costs.

DECISION

(a) We determine that the sums payable by the respondent defendant to the applicant claimant are as set out in the Scott Schedule attached to this decision. (b) We make no order for costs in respect of any fees payable to the Tribunal. (c) We transfer this matter back to the County Court sitting at Kingston-upon-Thames.

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[NAME]: 17th October 2025

SCHEDULE OF LEGISLATION Landlord and Tenant Act 1985 (as amended) Section 18 (1) In the following provisions of this Act "service charge" means an amount payable by a tenant of a dwelling as part of or in addition to the rent - (a) which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord's costs of management, and (b) the whole or part of which varies or may vary according to the relevant costs. (2) The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the landlord, or a superior landlord, in connection with the matters for which the service charge is payable. (3) For this purpose - (a) "costs" includes overheads, and (b) costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period. Section 19 (1) Relevant costs shall be taken into account in determining the amount of a service charge payable for a period - (a) only to the extent that they are reasonably incurred, and (b) where they are incurred on the provisions of services or the carrying out of works, only if the services or works are of a reasonable standard; and the amount payable shall be limited accordingly. (2) Where a service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable, and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction or subsequent charges or otherwise. Section 27A

4 (1) An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to - (a) the person by whom it is payable, (b) the person to whom it is payable, (c) the amount which is payable, (d) the date at or by which it is payable, and (e) the manner in which it is payable. (2) Subsection (1) applies whether or not any payment has been made. (3) An application may also be made to the appropriate tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs and, if it would, as to - (a) the person by whom it would be payable, (b) the person to whom it would be payable, (c) the amount which would be payable, (d) the date at or by which it would be payable, and (e) the manner in which it would be payable. (4) No application under subsection (1) or (3) may be made in respect of a matter which - (a) has been agreed or admitted by the tenant, (b) has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party, (c) has been the subject of determination by a court, or (d) has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement. (5) But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment. Section 20 (1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either— (a) complied with in relation to the works or agreement, or (b) dispensed with in relation to the works or agreement by (or on appeal from) the appropriate tribunal . (2) In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.

5 (3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount. (4) The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement— (a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount. (5) An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount— (a) an amount prescribed by, or determined in accordance with, the regulations, and (b) an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations. (6) Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount. (7) Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.] Section 20B (1) If any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then (subject to subsection (2)), the tenant shall not be liable to pay so much of the service charge as reflects the costs so incurred. (2) Subsection (1) shall not apply if, within the period of 18 months beginning with the date when the relevant costs in question were incurred, the tenant was notified in writing that those costs had been incurred and that he would subsequently be required under the terms of his lease to contribute to them by the payment of a service charge.

6 Section 21B (1) A demand for the payment of a service charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges. (2) The Secretary of State may make regulations prescribing requirements as to the form and content of such summaries of rights and obligations. (3) A tenant may withhold payment of a service charge which has been demanded from him if subsection (1) is not complied with in relation to the demand. (4) Where a tenant withholds a service charge under this section, any provisions of the lease relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it. (5) Regulations under subsection (2) may make different provision for different purposes. (6) Regulations under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 DISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2018

Case Reference: LON/00AH/LSC/2025/0786 Premises: [ADDRESS], [POSTCODE]

[NAME]’s claim - £1,009.98 (being the balance of 2nd half of the year. I already £1,009.98 earlier in the year in protest)

ITEM COST TENANT’S COMMENTS LANDLORD’S COMMENTS LEAVE BLANK (FOR THE TRIBUNAL) Building Insurance £1,409.51 No dispute

Cleaning – common parts £808.00 The internal areas are not cleaned regularly. I have only seen the bills from Labyrinth from April to November 2017 and the bill for February 2018. Each bill is for £65 making a total of £585. I will agree to pay my share of the £585 but I am disputing the balance of £223. Cleaning is carried out weekly.

The invoices from [NAME] are enclosed [1 - 11].

Tenant had been challenging bills since 2016. £207 challenged. Landlord has not produced the accounts in the bundle. We disallow £207. Refuse Bin Rental £364.00 No dispute

Door Entry System £467.22 No dispute

General Repairs & Maintenance £988.96 I do not know what this is for. I have asked but a breakdown This amount encompasses the following items:

Tenant concedes £988.96

8 has not been provided. I have assumed that SHW has record somewhere of it. I will not dispute the sum. - Repairs to internal and external lights: £307.20. [COMPANY] invoice no. 103841 enclosed [12]. - Supplying signage for health and safety: £24.02. [COMPANY] invoice enclosed [13]. - Problems with front door lock: £189.35. - Remove large waste: £72.00. - New lock and keys: £253.05. [NAME] invoice no. 209157 enclosed [14 - 16]. - Install two signs: £143.34. Erikom invoice enclosed [17].

Gardening £1,980.00 No dispute

Electricity £244.30 No dispute

H&S £390.00 No dispute

9 Accountancy fee £864.00 The invoice from Composure was £768. I am disputing the additional £96 The additional sum of £96.00 relates to a previous accrual.

The £96 relates to the S/C year 2016-17 and is not part of the County Court claim. Only £768 is allowed in the current County Court action. Contribution to [NAME] £3,060.05 The lease permits [NAME] to maintain a reserve sum for a specific purpose. I asked for clarification of the purpose of the contribution demanded. There was no response. Instead, the original sum of £2,500 requested in the service charge demand was inexplicably increased to £3,060.05. I am disputing the entire sum. Please provide the [NAME] account showing the paymants into it. The Claimant is entitled to collect a [NAME] in accordance with the Sixth Schedule, Paragraph (12) of the Lease.

The [NAME] contributions are calculated on based upon a planned maintenance programme which includes internal and external redecoration, repair works, health and safety improvements and the proposed installation of a vehicle gate.

Tenant concedes £2,500. Landlord has produced no evidence why the amount was increased to £3,060.05. £2,500 is in the Statement of Anticipated Service Charge Expenditure dated 27.2.17 (150 of 311 in the bundle). No demand for the increased figure is in evidence and the tenant says no demand was made. There is no evidence of what monies are in the [NAME]. The landlord asserts the accounts show other

10 tenants have paid the higher figure, but there is no evidence before us of this. We accept the tenant’s evidence and submissions and allow only £2,500. Filing fee (paid to SHW) £30.00 No dispute

Company Secretarial (paid to SHW) £315.29 No dispute

Management Fee (paid to SHW) £1,770.00 Please refer to additional document relating to SHW’s poor management of the building. I am disputing the whole sum. A copy of the management agreement is enclosed [19 - 27].

Each unit pays 14.285700% of the management fee.

Tenant says poor service in (a) accounting, (b) cleaning, (c) failure to visit the property (there was regular fly- tipping and anti-social behaviour like drug- taking, (d) turn-over of office staff, so the fee should be reduced to nil. Landlord accepts the agents did not attend monthly as required by the management agreement:

11 Annex to Scott Schedule at 31 of 146.. Landlord says there was a variation to allow quarterly visits, (but we find there is no evidence of this). Any breach of quiet enjoyment does not form part of the claim, the landlord submits. Further, it submits that removal of a light was justified; other tenants were entitled to let out their parking spaces. Landlord relies on Ms [RESPONDENT] witness statement at 192 of 311.

We find that the standard of the agent’s work was poor. In our judgment, £1,500 is an appropriate figure for this year and

12 each subsequent year.

The substantial increases in subsequent years are not justified.

13 DISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2019

[NAME]’s claim - £2,330.68

ITEM COST TENANT’S COMMENTS LANDLORD’S COMMENTS LEAVE BLANK (FOR THE TRIBUNAL) FIRST HALF (01/04/2018 to 30/09/2018)

[NAME] is fully aware that they did not serve the service charge demand along with the Summary of Rights and Obligations for this period on me contrary to the provisions of Section 21B of the Landlord and Respondent Act 1985. I have already asked them in corresponden ce to confirm that the sum of £1,165.34 for this period cannot form part of their claim against me. I have had no response. I am not liable for this period. The Respondent has been provided with the budget and demand for this period [28 - 29].

The summary of rights and obligations were served with the demand and a copy is enclosed [30 - 31]. 73-76 of 311 in bundle. The tenant denies receiving this demand. She received demands by email. This was not sent, she says. Landlord adduces no evidence of service of this demand on the tenant or the other tenants. Landlord accepts that it cannot recover both the interim and the final figures below. We disallow the interim sums on the basis (a) that this demand was not made (so was never due) and (b) that the

14 demand has been superseded by the final figures. SECOND HALF (01/10/2018 to 31/03/2019)

The Demand & Summary for the sum of £1,165.34 was sent to me (and I received it) by email on 10/09/2018. The only document produced in [NAME]’s bundle of documents is just the balance sheet. There is no breakdown. However, there is breakdown in the accounts for the year ending 2020. In the hope that this is correct, I have made my comments below. Please provide the Estimate prepared at the time which is the basis upon which the service charge demand was served on me. The Respondent has been provided with the budget and year end accounts for this year.

Accordingly, this comment is misunderstood. The budgeted figures for the S/C year 2018-19 are dated 28.3.18 at 251 of 311. We disallow this on the basis that we determine the final figures.

Rates £380.00 I am disputing this. Please This fee relates to refuse bin hire Conceded by tenant. In

15 provide breakdown from Croydon Council. this and the subsequent cases, the concession was after the landlord had produced invoices, not in the bundle, to the tenant outside the Tribunal room. Light and heat £259.00 No dispute

Conceded by tenant (as above) Premises Insurance £1,481.0 0 I am disputing this. Please provide building insurance schedule and policy The insurance broker [COMPANY] were used to facility the insurance policy and the most competitive quote was selected.

The [COMPANY] invoices are enclosed [33 - 34].

Conceded by tenant (as above)

Repairs, renewals and maintenanc e £3,246.0 0 I am disputing this. Please provide breakdown This amount encompasses the following items:

- Door entry system: £367.98. Interphone invoice no. 68130 enclosed [37]. - Window lock replacement: £276.00. [NAME] invoice no. Conceded by tenant (as above, even though the tenant says there are some discrepancie s)

16 638 enclosed [38]. - Removal of fly tipped items: £252.00. ERIKOM invoice no. 40035 enclosed [36]. - Removal of large items: £114.00. [NAME] invoice no. 3787 [64]. - E light repair following annual testing: £199.20. London Electric Lighting invoice enclosed [50]. - Annual E lights testing (3 hours): £237.00. London Electric Lighting invoice enclosed [50]. - Gardening: £1,800. Pride Services invoices enclosed [52 - 63].

Professiona l Indemnity insurance £282.00 I am disputing this. Please provide breakdown This relates to Directors and Officers insurance.

The broker, Chambers and Newman Limited were used to Conceded by tenant (as above)

17 facilitate the insurance. The most competitive quote was selected.

Copies of the invoices are enclosed [32].

Accountanc y fee £768.00 No dispute

Legal fee £450.00 I am disputing this. Please provide breakdown This encompasses:

- Fees in connection with annual confirmation statement: £30.00. SHW invoice no. 503/942/15111 1 enclosed [65]. - Provision for Company Secretarial services: £420.00. SHW invoice no. 503/942/1514 64 enclosed [66].

Conceded the week before the hearing. The tenant before us sought to go behind the concession, but in our judgment once an item is agreed the Tribunal loses its jurisdiction to determine the point: Landlord and Tenant Act 1985 section 27(4)(a). Manageme nt fee £2,230.0 0 Please refer to additional document relating to SHW’s poor management. I am disputing the whole sum. A copy of the management agreement is enclosed [19 - 27].

Each unit pays 14.285700% of the management fee.

We allow £1,500 on the basis set out under 2017-18. Sundry expenses £6.00 What is this for please? This relates to an invoice for Composure in relation to Land Conceded by tenant.

18 Registry fees - invoice number INV-101404 is enclosed [35].

General maintenanc e £2,500.0 0 I am disputing this. Please provide breakdown

This is contribution to [NAME]. The Claimant is entitled to collect a [NAME] in accordance with the Sixth Schedule, Paragraph (12) of the Lease.

The tenant accepts this figure on the basis that it is in truth a [NAME] contribution. Sundry type B £828.00 I am disputing this. Please provide breakdown This fee relates to cleaning by [NAME] which is charged on a monthly basis in the sum of £69.00. Copies of these invoices have previously been provided to the Respondent and are enclosed again for ease of reference [38 - 49]. The bills amounted to £759. Landlord says the missing June bill would justify allowing the full figure. We are not satisfied on balance of probabilities that there

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was an additional bill. We allow only £759.

20 SCOTT SCHEDULE DISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2020

[NAME]’s claim for this period - £2,763.64

ITEM COST TENANT’S COMMENT S LANDLORD’S COMMENTS LEAVE BLANK (FOR THE TRIBUNAL) General comment N/A I have never received and I have asked repeatedly for the Estimate as well as the final account for the period 1 April 2019 to 31 March 2020. This is the first time I am seeing a breakdown of what [NAME] claims to have spent. Please provide the Estimate prepared at the time which is the basis upon which the service charge demand was served on me. The Respondent has been provided with the budget for this period [68].

Landlord says the budget dated 6.3.19 is at 112 of 311. However, the parties were content that we determine solely the final figures and need not determine the reasonablene ss of the interim demands.

21 [NAME] is claiming £2,763.64 from me but I am only liable for 17.7% of the total sum. The total sum for the year is shown to be £11,958. 17.7% of this is £2,116.57

Rates £380.00 I am disputing this. Please provide breakdown This fee relates to refuse bin hire from Croydon Council.

Conceded by the tenant (as above)

Light and heat £394.00 No dispute

Premises Insurance £1,544.0 0 I am disputing this. Please provide building insurance schedule and policy The insurance broker [COMPANY] were used to facility the insurance policy and the most competitive quote was selected.

The [COMPANY] invoices are enclosed [110].

Conceded by the tenant on production of the invoices at the Tribunal by the applicant.

Repairs, renewals and maintenanc e £2,302.0 0 I am disputing this. Please provide breakdown This encompasses the following items:

- Door entry system: £378.99 - Gate Padlock & Chain - J W £2,301.89 allowed.

22 Lockservice s: £122.90 - Gardening contract: £1,800.00.

Professiona l Indemnity insurance £1.00 Why is this figure here at all? The professional indemnity insurance was billed twice during the 2019 period. The £1.00 relates to the difference.

Conceded by the tenant. Accountanc y fee £768.00 No dispute

- Fees in connection with annual confirmation statement: £30.00. - Provision for Company Secretarial services: £420.00.

As before. Manageme nt fee £2,500.0 0 Please refer to additional document relating to SHW’s poor managemen t. I am disputing the whole sum. A copy of the management agreement is enclosed [19 - 27].

Each unit pays 14.285700% of the management fee.

We allow £1,500 on the basis set out under 2017- 18. General maintenanc e £2,500.0 0 I am disputing this. Please provide breakdown This is contribution to [NAME]. The Claimant is entitled to collect a [NAME] in accordance with the Sixth Schedule, Conceded by tenant on the basis it is in fact [NAME] contribution.

23 Paragraph (12) of the Lease.

Sundry type B £1,119.0 0 I am disputing this. Please provide breakdown This fee relates to cleaning by [NAME] which is charged on a monthly basis in the sum of £69.00.

The tenant says that this was during [APPELLANT] and the [NAME] did not attend. Her subtenants told her that they did the cleaning of the common parts during Covid. The landlord says the [NAME] did bill for the cleaning, however, all the bills have been lost. We note £1,119 at £69 a visit is 16.217 visits, which is improbable. On balance of probabilities we do not

24 accept that this cleaning was done. This claim is disallowed.

25 DDISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2021

[NAME]’s claim - £2,314.74

ITEM COST TENANT’S COMMENTS LANDLORD’S [APPELLANT] (FOR THE TRIBUNAL) GENERAL COMMENT

The only document produced in [NAME]’s bundle of documents is just the balance sheet. There is no breakdown. However, there is breakdown in the accounts for the year ending 2022. In the hope that this is correct, I have made my comments below. Please provide the Estimate prepared at the time which is the basis upon which the service charge demand was The Respondent has been provided with the budget for this period [111].

Same as above.

26 served on me.

Accountancy fee £768.00 No dispute

Business insurance £151.00 I am disputing this. Please provide clarify what it is and provide a copy of the policy This relates to Directors and Officers insurance.

The broker, Chambers and Newman Limited were used to facilitate the insurance. The most competitive quote was selected.

Landlord relies on para (8) of Schedule 6 to the lease (230 of 311), which reads: “To effect such additional insurance as the Company shall deem necessary in connection with the Estate or any part thereof.” In our judgment, D&O insurance is not “connected with the Estate”. It is a matter of company governance. We disallow this head completely. Cleaning £864.00 No dispute

Door entry system £386.00 No dispute

Electricity £899.00 I am disputing this. Please provide breakdown The invoices from EDF Energy total £899.37 broken down as follows: -01/04/2020 - £83.99 Conceded by the tenant.

27 -05/05/2020 £96.78 -14/07/2020 £90.11 - 13/10/2020 £91.48 [112 - 114] -18/01/2021 £389.42 [115 - 117] -31/03/2021 £311.96 -31/03/2021 £3.64

Gardening £2,160.00 I am disputing this. Please provide breakdown This relates to the monthly gardening carried out at the development. Details of the gardener’s duties are enclosed [118 - 119].

Copies of some of the invoices from [COMPANY] are enclosed [120 - 121].

The invoices add up to £360, which the parties agree should be substituted for £2,160. Only £360 is allowed.

Legal fees £450.00 I am disputing this. Please provide breakdown This encompasses:

As before.

28 Management fee £2,200.00 Please refer to additional document relating to SHW’s poor management. I am disputing the whole sum. A copy of the management agreement is enclosed [19 - 27].

Each unit pays 14.285700% of the management fee.

We allow £1,500 on the basis set out under 2017-18. Premises Insurance £1,649.00 I am disputing this. Please provide building insurance schedule and policy The insurance broker [COMPANY] were used to facility the insurance policy and the most competitive quote was selected.

Conceded by tenant.

Refuse bin hire £380.00 No dispute

29 DISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2022

[NAME]’s claim - £2,417.06

ITEM COST TENANT’S COMMENTS LANDLORD’S [APPELLANT] (FOR THE TRIBUNAL) General comment

[NAME] is fully aware that they did not serve the service charge demand along with the Summary of Rights and Obligations for the period 01/04/2021 to 31/03/2022 on me contrary to the provisions of Section 21B of the Landlord and Tenant Act 1985. I have already asked them in correspondence to confirm that this period cannot form part of the claim against me. I have had no response. I am not liable for this period. The Respondent has been provided with the budget and demand for this period [133 - 135].

The summary of rights and obligations were served with the demand and a copy is enclosed [136 - 137]. Tenant says she was not served with a demand for 1.4.21 to 31.10.21 (178 of 311). Landlord relies on [NAME], an email from the agents dated 3.9.21 to show service of the 1.11.21 to 31.3.22. Ms [NAME] had no person knowledge of service, so there was no evidence as to service of the earlier demand.

30 DISPUTED SERVICE CHARGES YEAR ENDED 31 MARCH 2023

[NAME]’s claim - £1,326.41 (first ½ of the year)

[NAME] is fully aware that they did not serve the service charge demand along with the Summary of Rights and Obligations for the period 01/04/2022 to 30/09/2022 on me contrary to the provisions of Section 21B of the Landlord and Tenant Act 1985. I have already asked them in correspondence to confirm that this period cannot form part of the claim against me. I have had no response. I am not liable for this period. The Respondent has been provided with the budget and demand for this period [138 - 139].

The summary of rights and obligations were served with the demand and a copy is enclosed [140 - 141]. The demand is at 183 of 311. As before, the landlord has not proved the demand was served on the tenant. We disallow this claim completely.