Service Charge Guide
Stage4of 5

Understand the decision and recover money

Use your First-tier Tribunal (FTT) decision to check the account, calculate any overpayment and decide how to seek repayment.

Start with these three checks

  1. Identify which paragraphs decide what was payable and which expressly order someone to pay.
  2. Rebuild the account from demands, payments and the FTT findings.
  3. Check why the money is repayable and who should be the defendant before issuing a fresh claim.

Guidance for this stage

Start with the first topic for an introduction, or choose the guidance for the task you are returning to.

Understand your tribunal decisionRead your First-tier Tribunal (FTT) decision to check what was decided, whether anyone was ordered to pay and which deadlines apply. Then work out any overpayment.9 min Prepare a County Court repayment claimIf an overpayment has not been returned, check whether a new County Court claim is needed, who should repay it and how to explain the amount.13 min Respond to each point in the defenceIf your repayment claim is defended, make a response table, find the evidence for each point and follow the court’s deadlines.10 min

Examples to help you prepare

These fictional examples show how to organise the work. Use them to start a document or check one you already have. Replace the example facts and figures before using any wording in your case.

Example: what different decision paragraphs mean

Similar-looking paragraphs can have different legal effects. Label what each paragraph actually does before calculating a balance.

Read: Understand your tribunal decision

Model paragraphThe tribunal determines that £280 was payable for the communal-cleaning charge.

Record it asA section 27A determination. It states the amount payable; it is not, by those words alone, an order to repay £140.

Model paragraphThe respondent shall reimburse the applicant's £100 tribunal fee within 14 days.

Record it asAn express payment direction for the fee, with a due date.

Model paragraphThe application under section 20C is granted.

Record it asProtection against specified litigation costs being passed through the service charge—not payment of the applicant's own costs.

Check your own document

  • Annotate the decision you already have paragraph by paragraph.
  • Copy the exact payment words and deadline rather than paraphrasing them.
  • Keep fee reimbursement, costs protection and the charge determination on separate calculation rows.

A repayment figure that shows its workings

A short calculation lets the recipient disagree with a particular row rather than rejecting an unexplained total.

Read: Understand your tribunal decision

Amount demanded and paid£420.00

Amount determined payable£280.00

Difference£140.00

Later credits already received£0.00

Principal repayment requested£140.00

Cross-checkThese are the leaseholder's figures. If the decision uses whole-building figures, apply the lease share once and show where.

Check your own document

  • Give your spreadsheet source columns for the demand, payment and decision paragraph.
  • Show credits and payments after the decision so they are not claimed twice.
  • Separate principal, interest and recoverable fees.

A response to the ‘wrong court route’ point

This model accepts the distinction between a tribunal decision and a payment order, then explains the repayment claim.

Read: Respond to each point in the defence

Defence pointThe FTT determination cannot simply be enforced as a County Court money judgment.

Model responseThe claimant agrees that the declaratory section 27A determination is not itself a money judgment. This is a fresh claim for repayment of money paid above the amount determined payable, based on [state the legal basis]. Enforcement would begin only after a money judgment.

EvidenceFTT decision, demands, proof of payment, repayment calculation, pre-action correspondence and evidence identifying the defendant.

Check your own document

  • Describe the fresh repayment claim accurately; do not call it CPR 70.5 enforcement of the FTT declaration.
  • State the legal basis for repayment and why this defendant is said to owe it.
  • Answer any calculation, party or signed-document point separately.

Templates and checklists

Choose a download, then adapt it
County Court witness statement and exhibit packCounty Court · Word
Court or tribunal procedure · Reviewed 5 September 2026Privacy note: The completed statement is fictional. It shows how to identify the source of each fact and refer to supporting documents.
County Court speaking noteCounty Court · Word
Court or tribunal procedure · Reviewed 27 August 2026Based on: Based on the note used at the hearing, with over-broad enforcement and waiver assertions removed.