CAM/22UCX/LSC/2022/0037 — service charge decision
In CAM/22UCX/LSC/2022/0037, decided 29 November 2022, the First-tier Tribunal considered 26 disputed service charge items at 9 Jutland Court, Mountbatten Road, Braintree, Essex and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 9 Jutland Court, Mountbatten Road, Braintree, Essex
Decision date: 29 November 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Gateway Facilities Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Gardening & grounds (2020) | £2,912 | £2,912 | Allowed in full | — |
| Gardening & grounds (2021) | £2,959 | £2,959 | Allowed in full | — |
| Cleaning (2020) | £2,340 | £2,340 | Allowed in full | — |
| Cleaning (2021) | £2,498 | £2,498 | Allowed in full | — |
| Cleaning (2020) | £192 | £192 | Withdrawn | — |
| Cleaning (2021) | £192 | £192 | Withdrawn | — |
| Utilities (2020) | £558 | £558 | Allowed in full | — |
| Utilities (2021) | £507 | £507 | Allowed in full | — |
| Repairs & maintenance (2020) | £3,338 | £3,338 | Allowed in full | — |
| Repairs & maintenance (2021) | £2,357 | £2,357 | Allowed in full | — |
| Other charges (2020) | £420 | £420 | Allowed in full | — |
| Other charges (2021) | £420 | £420 | Allowed in full | — |
| Other charges (2020) | £684 | £684 | Withdrawn | — |
| Other charges (2021) | £684 | £684 | Withdrawn | — |
| Management fees (2020) | £3,776 | £3,776 | Allowed in full | — |
| Management fees (2021) | £4,002 | £4,002 | Allowed in full | — |
| Other charges (2020) | £84 | £84 | Allowed in full | — |
| Other charges (2021) | £84 | £84 | Allowed in full | — |
| Buildings insurance (2020) | £3,801 | £3,801 | Allowed in full | — |
| Buildings insurance (2021) | £4,190 | £4,190 | Allowed in full | — |
| Administration charges (2020) | £252 | £0 | Disallowed entirely | Duplication of charges, Landlord could not evidence the cost |
| Administration charges (2021) | £252 | £0 | Disallowed entirely | Duplication of charges, Landlord could not evidence the cost |
| Other charges (2020) | £240 | £240 | Allowed in full | — |
| Other charges (2021) | £360 | £240 | Reduced | — |
| Buildings insurance (2020) | £700 | £700 | Allowed in full | — |
| Repairs & maintenance (2021) | £720 | £720 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“the costs of £2912 for 2020 and £2959 for 2021 are deemed reasonably incurred.”
“the costs of £2912 for 2020 and £2959 for 2021 are deemed reasonably incurred.”
“the costs of £2340 for 2020 and £2498 for 2021 are deemed reasonably incurred.”
“the costs of £2340 for 2020 and £2498 for 2021 are deemed reasonably incurred.”
“The costs of window cleaning are no longer in dispute, and thus the costs of £192 for 2020 and £192 for 2021 are deemed reasonably incurred.”
“The costs of window cleaning are no longer in dispute, and thus the costs of £192 for 2020 and £192 for 2021 are deemed reasonably incurred.”
“all of the works set out in that paragraph ought properly to be included within the management fee. The invoices give no additional details, and it is noteworthy that they are produced by the same company that undertakes the management. Absent any specific explanation of why these are not covered in the management fee, the Tribunal considers these cannot be justified.”
“it is incumbent upon the Landlord to prepare a realistic estimate, in order to allow the tenants to properly budget”
“while the costs seem a little high relative to the total cost of the services”
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.