BIR/17UE/LSC/2022/0004 — service charge decision
In BIR/17UE/LSC/2022/0004, decided 13 September 2022, the First-tier Tribunal considered 9 disputed service charge items at 7 Rockside Hydro and 5 Cavendish Apartments, Cavendish Road, Matlock, Derbyshire and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 7 Rockside Hydro and 5 Cavendish Apartments, Cavendish Road, Matlock, Derbyshire
Decision date: 13 September 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Omnia Estates Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2020/2021) | — | — | Reduced | Apportionment error |
| Buildings insurance (2020/2021) | — | — | Withdrawn | — |
| Management fees (2021/2022) | — | — | Reduced | Apportionment error |
| Cleaning (2021/2022) | — | £2,952 | Allowed in full | — |
| Repairs & maintenance (2021/2022) | — | £380 | Allowed in full | — |
| Utilities (2021/2022) | — | £2,942 | Allowed in full | — |
| Other charges (2021/2022) | — | £1,710 | Allowed in full | — |
| Other charges (2021/2022) | — | £420 | Allowed in full | — |
| Repairs & maintenance (2021/2022) | — | — | Withdrawn | — |
Key passages (verbatim)
“the apportionment methodology proposed by the Applicants cannot be accepted... The Tribunal determines that the apportionment methodology adopted by the Respondent cannot be regarded as unreasonable.”
“The Applicants subsequently withdrew their challenge relating to the buildings insurance premium for the service charge year 2020/2021, accepting that the costs were correctly apportioned.”
“The parties' representations in relation to the management fee for 2021/2022 are the same as those set out above for 2020/2021; and the determination of the Tribunal is the same.”
“the Applicants do not challenge their liability to contribute to those costs through the service charge. Nor do they argue that the relevant costs were not reasonably incurred. Their only challenge is to the apportionment”
“Fire extinguisher maintenance £380”
“Heating system maintenance £2942”
“In the view of the Tribunal this exchange has no relevance to the section 27A application.”
This summary is assembled from the structured record of the published decision; amounts appear only where the tribunal stated them. Always rely on the full decision itself.