Decision summary

CAM/22UC/LAM/2019/0010 & others — service charge decision

In CAM/22UC/LAM/2019/0010 & others, decided 18 November 2020, the First-tier Tribunal considered 6 disputed service charge items at Congregation House, Parsonage Street, Halstead, Essex CO9 2JW and found largely for the landlord: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Congregation House, Parsonage Street, Halstead, Essex CO9 2JW
Decision date: 18 November 2020
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2017)——Allowed in full—
Other charges (2017)£6,950.54£996.47ReducedOther grounds
Major works (2017-18)£4,605£4,605Allowed in full—
Legal & professional costs (2017-18)£3,149£2,500ReducedNot payable under the lease, Costs unreasonably incurred (s19(1)(a))
Other charges (2017-18)£7,008£7,008Allowed in full—
Other charges (2018-19)£7,538£7,538Allowed in full—

Section 20C order: refused.

Key passages (verbatim)

“The Defendant accepted at the hearing that these costs were reasonable… We are satisfied that these costs were reasonably incurred.”
On repairs & maintenance
“15.64% of £6,950.54 is £1,087.06. However, the Claimant did not provide a reconciliation for any overlap… we apportion the £1,087.06 on an equal monthly basis (11/12ths) to £996.47.”
On other charges
“On the information provided to us, we are satisfied that these costs were reasonably incurred and the works were of a reasonable standard.”
On major works
“a proportion appears to relate to protracted correspondence with the Defendant… outside the categories of expenditure in respect of the obligations of the Claimant under the Lease… we consider that £2,500 of these expenses are payable under the Lease.”
On legal & professional costs
“The Defendant had seen the expenses and Mr Millman confirmed he believed they were all bona fide. There being no issue between the parties on this, we are satisfied that they were reasonably incurred.”
On other charges
“The Defendant accepted at the hearing that these costs were reasonable and raised no issue about the standard of the relevant services and works… we are satisfied that these costs were reasonably incurred.”
On other charges
“The Respondent should think again about how it communicates with leaseholders, not withholding information from anyone in arrears unless based on legal advice it has good grounds for this.”
Of Respondent (directors)
“The Applicant has been unsuccessful and took a robust, repetitive and argumentative approach. She was entitled to do so, but that may have caused greater costs to be incurred than would otherwise be the case.”
Of Applicant (Julie Martin)
“Sadly, this appeared to have become a personal dispute, which had deteriorated into very difficult correspondence and unpleasantness, with neighbours calling the police to complain about each other and losing sight of the fact that there is now very little in real terms between them.”
Of All parties

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.