CAM/00MB/LSC/2021/0035 — service charge decision
In CAM/00MB/LSC/2021/0035, decided 16 November 2021, the First-tier Tribunal considered 21 disputed service charge items at 56-58 Martingale Chase, Newbury, Berkshire and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 56-58 Martingale Chase, Newbury, Berkshire
Decision date: 16 November 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Gardening & grounds (2019-20) | £48.22 | £10 | Reduced | Poor standard of work, Works not necessary |
| Gardening & grounds (2020-21) | £42.25 | £10 | Reduced | Poor standard of work, Works not necessary |
| Gardening & grounds (2021-22) | £42.79 | £42.79 | Allowed in full | — |
| Other charges (2019-20) | £60.79 | £60.79 | Allowed in full | — |
| Other charges (2020-21) | £3.57 | £3.57 | Allowed in full | — |
| Other charges (2021-22) | £22.38 | £22.38 | Allowed in full | — |
| Cleaning (2019-20) | £85.54 | £59.27 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2020-21) | £80.17 | £80.17 | Allowed in full | — |
| Cleaning (2021-22) | £84.69 | £84.69 | Allowed in full | — |
| Other charges (2019-20) | £68.25 | £68.25 | Allowed in full | — |
| Other charges (2020-21) | £64.07 | £64.07 | Allowed in full | — |
| Other charges (2021-22) | £63.69 | £63.69 | Allowed in full | — |
| Repairs & maintenance (2019-20) | £4.28 | £2.39 | Reduced | Landlord could not evidence the cost, Other grounds |
| Repairs & maintenance (2020-21) | £50 | £50 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £50 | £50 | Allowed in full | — |
| Other charges (2019-20) | £9.90 | £9.90 | Allowed in full | — |
| Other charges (2020-21) | £10.14 | £10.14 | Allowed in full | — |
| Other charges (2021-22) | £10.38 | £10.38 | Allowed in full | — |
| Management fees (2019-20) | £85.36 | £85.36 | Allowed in full | — |
| Management fees (2020-21) | £81.29 | £81.29 | Allowed in full | — |
| Management fees (2021-22) | £85.85 | £85.85 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the grounds maintenance work carried out by the Respondent's contractors for the two previous service charge years was probably little more than cutting the modest areas of grass, very little work on the hedges and clearing the ivy once at the rear.”
“the grounds maintenance work carried out by the Respondent's contractors for the two previous service charge years was probably little more than cutting the modest areas of grass”
“The estimated charge for 2021/22 of £42.79 is reasonable and payable.”
“the cost of £729.50 was reasonably incurred and the share payable by each Applicant is their 1/12th share, £60.79, for 2019/20.”
“the estimated costs for 2020/21 of £3.57, and for 2021/22 of £22.38, are reasonable and payable.”
“the estimated costs for 2020/21 of £3.57, and for 2021/22 of £22.38, are reasonable and payable.”
“At least some of those reports are dubious, including work which - compared with the photographs produced by Miss Carter - seems unlikely to have been carried out (such as strimming). The reports often use "before" and "after" photographs of completely different areas, which does not allow any comparison. They also either re-use an identical photograph for several different visits or repeatedly show very similar photographs of the same area, again with nothing for comparison to enable a check of what is said to have been done.”
“He relied on the maintenance completion reports entered on the relevant portal by the contractors, without appearing to have examined them.”
“The Applicant has not provided the type of service which would merit a normal management fee, and would have to substantially change its service delivery to merit a full market rate management fee.”
“The Respondent's witnesses did not know whether the fly tipping had been reported to the local authority or whether any other action had been taken by their housing team.”
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.