CAM/22UJ/LSC/2021/0055 — service charge decision
In CAM/22UJ/LSC/2021/0055, decided 19 May 2021, the First-tier Tribunal considered 6 disputed service charge items at 42, Hornbeams, Harlow, Essex and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 42, Hornbeams, Harlow, Essex
Decision date: 19 May 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | £1,378.93 | £1,378.93 | Allowed in full | — |
| Major works | £1,186.08 | £1,186.08 | Allowed in full | — |
| Major works | £863 | £431.50 | Reduced | Apportionment error |
| Cleaning | £147 | £147 | Allowed in full | — |
| Repairs & maintenance | £184.25 | £184.25 | Allowed in full | — |
| Management fees | £461.61 | £429.16 | Reduced | Apportionment error |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal found from its knowledge and experience that the charges were reasonable if the proportionate cost of the preliminaries was added to represent the overheads.”
“the Tribunal found the Respondent's decision to hire the scaffolding on a fixed term basis appropriate. In the knowledge and experience of the Tribunal, taking into account the height required for the scaffolding the fixed term charge was determined to be reasonable.”
“the Tribunal found that the cost of the replacement of the understairs store doors by fire-resistant flush doors was a Service Charge cost which under the Lease the Applicant was only liable to pay ¼ i.e., £431.50”
“In the knowledge and experience of the Tribunal regular cleaning of pvc-U elements reduces the risk of staining and deterioration due to weathering. The Tribunal therefore found the cleaning appropriate.”
“The removal and reinstatement of wiring is a necessary task prior to decoration, roof work etc to ensure that cables are not damaged.”
“the total demanded of £6,600.08 is reduced by £431.50 plus a corresponding reduction of £32.45 of the 7.52% contract administration fee”
“It would have assisted the Tribunal considerably if the Applicant had set out the submissions in a Statement of Case. As it was the details of the challenges had to be extracted from the correspondence provided by the Respondent in the Bundle.”
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.