Tenant’s Service Charge Claim Struck Out for Lack of Jurisdiction

OUTCOME: Struck Out

© [NAME]

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

HAV/45UH/LSC/2026/0136

Property

:

8 [ADDRESS], [POSTCODE]

Applicant: [redacted]

:

[COUNSEL] [NAME]

Respondent: [redacted]

:

[RESPONDENT] of Application

:

Determination of liability to pay and reasonableness of service charges Section 27A Landlord and Tenant Act 1985

Tribunal Member

:

Regional Judge Whitney

Date of Directions

:

2 June 2026

DECISION

© [NAME] This is a formal order of the Tribunal which must be complied with by the parties.

The parties must comply with the Statement of Tribunal Rules and Procedure.

Communications to the Tribunal MUST be made by email to [EMAIL]. All communications must clearly state the Case Number and address of the premises.

Email addresses and service of documents

1. All documents sent by one party to another shall be sent electronically to the email address provided. All emails to the Tribunal MUST be copied on the face of the email to all other parties in the case.

Background

2. The Applicant has made an application for determination of liability to pay and reasonableness of service charges for the years 2019 - 2026.

3. The application was received on 26 March 2026.

4. The Applicant further seeks orders 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.

5. The Applicant wishes the Tribunal to determine the following issues:

• Responsibility for the repair of the roof and the resulting internal damage to the Applicant’s flat • Whether the cost of the flat entrance fire door is payable under the lease • Whether the interest demanded by the Respondent has been correctly calculated and is reasonable • Whether the Respondent should be prevented from recovering the costs of these proceedings through the service charge 6. Directions were issued on 6 May 2026 listing the application for a case management and dispute resolution hearing on 2 June 2026.

Case Management and Dispute Resolution Hearing 7. The hearing took place at Havant Justice Centre as directed and was attended by the Applicant and [APPELLANT] [NAME], for the Applicant and [APPELLANT] for the Respondent.

© [NAME] 8. At the hearing following a discussion with the parties it was confirmed that none of the questions being asked in the application fall within the Tribunal’s jurisdiction as no service charges have been demanded and if there is no demand, there is not a service charge which the Tribunal can make any determination as to the liability to pay or the reasonableness of the same.

9. The Tribunal therefore dismisses the application and strikes it out in accordance with Rule 9 2 (a) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 on the ground that it does not have jurisdiction in relation to the proceedings.

RIGHTS OF APPEAL

10. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making a written application by email to [EMAIL] to the First-tier Tribunal at the Regional office which has been dealing with the case.

11. 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.

12. 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.

13. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.