CAM/00KC/LSC/2020/0038 — service charge decision
In CAM/00KC/LSC/2020/0038, decided 25 January 2021, the First-tier Tribunal considered 11 disputed service charge items at 25 Goodman Drive, Leighton Buzzard, Bedfordshire and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 25 Goodman Drive, Leighton Buzzard, Bedfordshire
Decision date: 25 January 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: FirstPort Property Services Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2014) | £16.33 | £16.33 | Allowed in full | — |
| Other charges (2015) | £18.08 | £18.08 | Allowed in full | — |
| Other charges (2016) | £28.55 | £28.55 | Allowed in full | — |
| Other charges (2017) | £30.73 | £30.73 | Allowed in full | — |
| Other charges (2018) | £21.54 | £21.54 | Allowed in full | — |
| Gardening & grounds (2018) | £716.81 | £436.75 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2019) | £19.66 | £19.66 | Allowed in full | — |
| Gardening & grounds (2019) | £722.64 | £436.75 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £20.67 | £20.67 | Allowed in full | — |
| Gardening & grounds (2020) | £840.16 | £436.75 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2020) | £60 | £0 | Disallowed entirely | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“Account Preparation Fees and Audit Fees are not included in the Management Fee for the years ending 31st May 2014 ... and determined them to be reasonable and payable”
“Account Preparation Fees and Audit Fees are not included in the Management Fee for the years ending 31st May 2014, 2015 ... and determined them to be reasonable and payable”
“Account Preparation Fees and Audit Fees are not included in the Management Fee for the years ending 31st May 2014, 2015, 2016 ... and determined them to be reasonable and payable”
“Account Preparation Fees and Audit Fees are not included in the Management Fee for the years ending 31st May 2014, 2015, 2016, 2017 ... and determined them to be reasonable and payable”
“Account Preparation Fees and Audit Fees are not included in the Management Fee for the years ending 31st May ... 2018 ... and determined them to be reasonable and payable”
“The Tribunal therefore determines that a reasonable charge for Grounds Maintenance for the Block is: 2018 Block £2,620.00 Unit £436.75”
“No explanation was offered by the Respondents for this increase which was a doubling of the charge.”
“The Tribunal also does not consider it reasonable for the Respondent to wait two years before carrying out a tendering process.”
“The Respondent failed to address the significant increase in Grounds Maintenance costs in a timely manner, although the tendering process now being undertaken shows that alternative, less expensive contractors were available.”
“although an explanation of this issue was provided in the Respondent's Statement of Case this was late in the day. An earlier explanation by the Respondent in its capacity as Manager rather than a rejection of the argument might have settled this issue.”
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.