CAM/22UN/LAM/2022/0002 — service charge decision
In CAM/22UN/LAM/2022/0002, decided 23 December 2022, the First-tier Tribunal considered 33 disputed service charge items at Brannam Court, High Street, Dedham, Colchester, Essex CO7 6DE and reached a mixed result: 10 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Brannam Court, High Street, Dedham, Colchester, Essex CO7 6DE
Decision date: 23 December 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Whybrow (terminated prior to proceedings; Respondent self-managing).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2015-16) | £1,500 | £750 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2015-16) | £2,023 | £2,023 | Allowed in full | — |
| Other charges (2015-16) | £340 | £340 | Allowed in full | — |
| Management fees (2016-17) | £1,500 | £750 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2016-17) | £420 | £0 | conceded | — |
| Legal & professional costs (2016-17) | £2,232 | £2,232 | Allowed in full | — |
| Buildings insurance (2016-17) | £2,796 | £2,796 | Allowed in full | — |
| Management fees (2017-18) | £1,500 | £0 | conceded | — |
| Buildings insurance (2017-18) | £3,955 | £3,955 | Allowed in full | — |
| Repairs & maintenance (2017-18) | £800 | £800 | Allowed in full | — |
| Buildings insurance (2018) | £2,332 | £2,332 | Allowed in full | — |
| Management fees (2018) | £1,500 | £1,500 | Allowed in full | — |
| Repairs & maintenance (2018) | £192 | £192 | Allowed in full | — |
| Major works (2019) | £19,947 | £19,947 | Allowed in full | — |
| Repairs & maintenance (2019) | £590 | £590 | Allowed in full | — |
| Legal & professional costs (2019) | £1,187 | £1,187 | Allowed in full | — |
| Legal & professional costs (2019) | £700 | £0 | Disallowed entirely | Not payable under the lease |
| Administration charges (2019) | £247 | £0 | conceded | — |
| Administration charges (2019) | £234 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2019) | £2,343 | £2,343 | Allowed in full | — |
| Legal & professional costs (2020) | £2,849 | £2,848.50 | Allowed in full | — |
| Management fees (2020) | £840 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2020) | £2,591 | £2,591 | Allowed in full | — |
| Buildings insurance (2021) | £2,655 | £2,655 | Allowed in full | — |
| Major works (2021) | £42,070 | £42,016.16 | Allowed in full | — |
| Other charges (2021) | £715 | £0 | conceded | — |
| Other charges (2021) | £967 | £0 | conceded | — |
| Major works (2021) | £934 | £934 | Allowed in full | — |
| Other charges (2021) | £1,920 | £0 | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2021) | £3,646 | £3,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £1,080 | £0 | Disallowed entirely | Not payable under the lease, Works not necessary |
| Management fees (2021) | £215 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2021) | £3,473 | £250 | Reduced | No Section 20 consultation |
Section 20C order: granted.
Key passages (verbatim)
“£750 was reasonably incurred for the services provided by Whybrow in arranging the buildings insurance and inspecting and providing initial advice … The balance is not payable because the parties agree that Whybrow's other services were not of a reasonable standard.”
“taking account the similar matters for the same charge in the previous year, £750 was reasonably incurred on their management fee for this year.”
“The Respondent agreed this was not payable.”
“the £2,232 was reasonably incurred and is payable.”
“The Respondent had mistakenly included the £1,500 management fee in her first certificate/demand for this year but agreed this was wrong (that fee having been disallowed in the 2019 Decision).”
“we are satisfied that they were [reasonably incurred].”
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.