Decision summary

CAM/12UD/LBC/2020/0004 — service charge decision

In CAM/12UD/LBC/2020/0004, decided 7 April 2021, the First-tier Tribunal considered 9 disputed service charge items at Flat 6, Brampton Place, Walfords Close, Old Harlow, Essex CM17 0DG and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 6, Brampton Place, Walfords Close, Old Harlow, Essex CM17 0DG
Decision date: 7 April 2021
Full decision: Read on GOV.UK

Managing agent named in the decision: Walfords Management Company Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges (2015)£1,400—ReducedNo Section 21B summary of rights, Demand formally invalid
Reserve fund contributions (2015)£100—ReducedLandlord could not evidence the cost
Other charges (2016)£1,400—ReducedNo Section 21B summary of rights, Demand formally invalid
Reserve fund contributions (2016)£100—ReducedLandlord could not evidence the cost
Other charges (2017)£1,400—ReducedNo Section 21B summary of rights, Demand formally invalid
Reserve fund contributions (2017)£100—ReducedLandlord could not evidence the cost
Other charges (2018)£1,400—ReducedNo Section 21B summary of rights, Demand formally invalid
Reserve fund contributions (2018)£100—ReducedLandlord could not evidence the cost
Other charges (2019)£1,620.22—ReducedNo Section 21B summary of rights

Key passages (verbatim)

“the estimated demands have been made on a quarterly basis when they should be half yearly (see 4th Sch para 2.1)”
On other charges
“There is a lack of transparency in respect of reserve/sinking fund monies which must be clarified.”
On reserve fund contributions
“the estimated demands have been made on a quarterly basis when they should be half yearly (see 4th Sch para 2.1)”
On other charges
“There is a lack of transparency in respect of reserve/sinking fund monies which must be clarified.”
On reserve fund contributions
“the estimated demands have been made on a quarterly basis when they should be half yearly (see 4th Sch para 2.1)”
On other charges
“There is a lack of transparency in respect of reserve/sinking fund monies which must be clarified.”
On reserve fund contributions
“the estimated demands have been made on a quarterly basis when they should be half yearly (see 4th Sch para 2.1)”
Of Walfords Management Company Limited (respondent)
“At para 2.3 any overpayment of estimated service charges demanded should be credited to the tenant, we cannot see that it has been..”
Of Walfords Management Company Limited (respondent)
“At para 4.3 of 6th Schedule a requirement to audit the service charge accounts and provide a certificate has not been complied with.”
Of Walfords Management Company Limited (respondent)
“There is a lack of transparency in respect of reserve/sinking fund monies which must be clarified.”
Of Walfords Management Company Limited (respondent)

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.