CAM/22U/LIS/2021/0053 — service charge decision
In CAM/22U/LIS/2021/0053, decided 26 August 2022, the First-tier Tribunal considered 14 disputed service charge items at 30 Thistledown Court, Basildon, Essex and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 30 Thistledown Court, Basildon, Essex
Decision date: 26 August 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2018-19) | £275 | £150 | Reduced | Fee excessive for service delivered |
| Management fees (2019-20) | £275 | £150 | Reduced | Fee excessive for service delivered |
| Management fees (2020-21) | £275 | £150 | Reduced | Fee excessive for service delivered |
| Buildings insurance (2018-19) | £150 | £150 | Allowed in full | — |
| Buildings insurance (2019-20) | £145 | £145 | Allowed in full | — |
| Buildings insurance (2020-21) | £166 | £166 | Allowed in full | — |
| Cleaning (2018-19) | £348.25 | £348.25 | Allowed in full | — |
| Cleaning (2019-20) | £382.61 | £382.61 | Allowed in full | — |
| Cleaning (2020-21) | £202.59 | £202.59 | Allowed in full | — |
| Gardening & grounds (2018-19) | £202.81 | £202.81 | Allowed in full | — |
| Gardening & grounds (2019-20) | £198.16 | £198.16 | Allowed in full | — |
| Gardening & grounds (2020-21) | £205.26 | £205.26 | Allowed in full | — |
| Repairs & maintenance (2019-20) | £31.11 | £31.11 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £17.17 | £17.17 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“The Tribunal considered that the Management fee of £275.00 per unit was a charge for a much higher standard of service than the Applicant was receiving. The Tribunal determined that a reasonable charge taking into account the standard of service delivered was £150.00 for the years 31st March 2019, 2020 and 2021.”
“The Tribunal considered that the Management fee of £275.00 per unit was a charge for a much higher standard of service than the Applicant was receiving. The Tribunal determined that a reasonable charge taking into account the standard of service delivered was £150.00 for the years 31st March 2019, 2020 and 2021.”
“The Tribunal considered that the Management fee of £275.00 per unit was a charge for a much higher standard of service than the Applicant was receiving. The Tribunal determined that a reasonable charge taking into account the standard of service delivered was £150.00 for the years 31st March 2019, 2020 and 2021.”
“the photographs and narrative showed that on the day of the inspection cleaning was of a reasonable standard. There may well have been lapses between reports but there was insufficient evidence to conclude it was not of a reasonable standard to justify the cost.”
“there was insufficient evidence to conclude it was not of a reasonable standard to justify the cost charged.”
“there was no evidence to indicate that the work carried out on the windows in the years ending 31st 2020 and 2021 was not of a reasonable standard or at a reasonable cost.”
“Overall, the Tribunal found that central administration was lacking in not addressing the Applicant's complaints and the Neighbourhood Management Team were lacking in not inspecting the Estate and following up the complaints made by the Applicant had they been recorded and referred to the Neighbourhood Management Team. The Tribunal could not see why more regular inspections were not carried out notwithstanding the Covid Restrictions as they did not require contact with residents.”
“The Tribunal was of the opinion that the lack of response appeared to be because proper cover was not provided and cataloguing of the Applicant's correspondence was not carried out by the responsible team. The matter was then belatedly left to the Respondent's Representative to deal with the proceedings on her return from maternity leave giving no opportunity for a settlement to be reached before the application was made.”
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.