Politics & Council · Swindon
Swindon leaseholder loses battle over thousands in disputed council repair charges
By Swindon Now Editorial Team · Published
A First-tier Tribunal has ruled that a local leaseholder must pay thousands of pounds in service charges to Swindon Borough Council for roof repairs.
A Swindon leaseholder has been ordered to pay thousands of pounds in disputed service charges following a ruling by a First-tier Tribunal Property Chamber. The decision concludes a legal dispute between David Onyons and Swindon Borough Council regarding maintenance costs for two properties in Toothill.
The dispute involved charges of £7,165.23 for 2024 and £6,213.50 for 2025 at properties on Beaulieu Close. Mr Onyons had challenged the costs, arguing that the council was attempting to recover funds for remedial works made necessary by allegedly negligent roof repairs carried out by the local authority back in 2009.
The leaseholder had previously pointed to a 2011 tribunal case involving a property in the same area, where the council was found to have failed in its consultation obligations, leading to a cap on liability for leaseholders at £250. Mr Onyons argued that the council should be held responsible for subsequent defects arising from the initial works.
However, after hearing evidence from both the leaseholder and council representatives at the Havant Justice Centre, the tribunal found in favour of the council. The panel concluded that the roof at 49 Beaulieu Close had reached the end of its natural design life after 30 years and that there was no evidence of historic neglect or that the roof at 10 Beaulieu Close failed prematurely due to a breach of the council's repairing obligations.
The tribunal determined that the charges were reasonable and properly incurred. It also dismissed applications from Mr Onyons that would have restricted the council from recovering its legal costs through the service charge. The ruling noted that it was both just and equitable for the leaseholder to bear the costs, as the council had successfully defended the complaints raised.
The decision reinforces the council's position on recovering costs for essential maintenance on its leasehold properties. Mr Onyons, who is the current leaseholder of one of the properties and was formerly the leaseholder of the second, has 28 days from the date of the decision to apply for permission to appeal to the Upper Tribunal.
Source: Swindon Advertiser - Politics · View original