CAM/22UH/LSC/2021/0070 — service charge decision
In CAM/22UH/LSC/2021/0070, decided 8 July 2022, the First-tier Tribunal considered 7 disputed service charge items at 281 High Street, Ongar, Essex and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 281 High Street, Ongar, Essex
Decision date: 8 July 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Stratton Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2015-2019) | £686.11 | £182.40 | Reduced | Section 20B 18-month time limit |
| Buildings insurance (2018-19) | £182.40 | £182.40 | Allowed in full | — |
| Buildings insurance (2019-20) | £199.53 | £190.61 | Allowed in full | — |
| Buildings insurance (2020-21) | £199.53 | £199.53 | Allowed in full | — |
| Buildings insurance (2021-22) | £124.22 | £124.22 | Allowed in full | — |
| Repairs & maintenance (2020) | £1,000 | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2019) | £560 | £0 | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“The statute prevents a Lessor from recovering costs incurred more than 18 months before demanded... the demand for service charges made on 1st September 2019 can go back only to July 2018 (not July 2017, which would be outside the 18 month period).”
“The Tribunal finds that the Applicant is liable to discharge the insurance costs demanded of him for all years from 15th July 2018 onwards, namely £182.40 (2018/19)”
“The Tribunal finds that the Applicant is liable to discharge the insurance costs demanded of him for all years from 15th July 2018 onwards, namely £182.40 (2018/19), £190.61 (2019/20)”
“The Tribunal finds that the Applicant is liable to discharge the insurance costs demanded of him for all years from 15th July 2018 onwards... £199.53 (2020/21)”
“The Tribunal finds that the Applicant is liable to discharge the insurance costs demanded of him for all years from 15th July 2018 onwards... £124.22 (2021/22).”
“The only basis on which the Respondent claims to be able to recover the cost from the Applicant is under the Fifth Schedule, under the 'recovery in default provision'. Yet, no evidence was adduced that the Lessor had followed the following steps identified in the lease...”
“It is clear from the evidence of Mr. Solomon that he did not approach the question of placing insurance for the building – and recovering the costs from the lessees – in any structured way.”
“Regrettably, the person within Stratton who had managed the section 20 consultation and the works on the patio/roof area following on from the consultation, was not available, and so not present to fill in detail.”
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.