[2023] UKUT 231 (LC)

Before the FTT the appellant argued that he had been charged £585 for legal fees, that the sum had then been refunded, and that then the sum had been re-applied to his account with the effect that a charge he was not supposed to pay had been made. The respondent argued in the FTT that no charge had been demanded or made. The FTT accepted that argument.

It is clear from the statement of Mr Lacy’s service charge account that what he says is correct. Mr McHugh offered no argument on the point; he said that the respondent’s invoicing is so confused that it is unable to say what it has and has not charged.

This ground is an appeal against a finding of fact made by the FTT; it succeeds, but I have no jurisdiction to order a refund or to order that the service charges account be amended. In any event it is not known whether this charge has been the subject of a service charges demand. I simply find as a fact that the appellant’s service charge account was debited £585 in respect of legal fees in September 2016 in spite of the fact that the respondent told the FTT that no charge had been made.