CAM/22UN/LSC/2021/0014 & others — service charge decision
In CAM/22UN/LSC/2021/0014 & others, decided 22 December 2021, the First-tier Tribunal considered 3 disputed service charge items at Clearwater Reach, 15 Marine Parade East, Clacton-on-Sea, Essex and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Clearwater Reach, 15 Marine Parade East, Clacton-on-Sea, Essex
Decision date: 22 December 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Remus (Neil O'Connor, property manager); Pier Management (Sarah Willis, asset managers); formerly HLM.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2017-18) | £24,757.20 | £21,729 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2017-18) | £28,632.24 | £26,713.06 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2017-18) | £3,892.82 | £3,892.82 | Allowed in full | — |
Section 20C order: granted. Section 20ZA dispensation: granted.
Key passages (verbatim)
“Window replacement works* 21,729 1,358.06 ... * In each case, after deduction of £1,000 plus VAT for the relevant interim invoices included in the £3,892.82 for professional fees.”
“External repair and decoration works* 26,713.06 1,669.57”
“Professional fees 3,892.82 243.30”
“Even during the proceedings and at the hearing(s), the Respondent tended to produce generalised responses and failed to explain the relevant charges.”
“The Respondent should (as directed) have made any dispensation application, whether or not on a contingency basis, in good time so that it could be heard at the same time as the service charge application, but did not and gave no explanation for this.”
“They appear not to have prepared adequately for the first hearing; the requisite information simply was not provided in the document bundle they had been directed to produce.”
“Even at the second hearing and when given more time, the Respondent's representatives could not confirm the breakdown of the final figures charged for the major works until given the following week to do so.”
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.