CAM/26UB/LSC/2020/0056 — service charge decision
In CAM/26UB/LSC/2020/0056, decided 28 April 2021, the First-tier Tribunal considered 12 disputed service charge items at 47 Grove House, College Road, Cheshunt, Hertfordshire EN8 9LZ and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 47 Grove House, College Road, Cheshunt, Hertfordshire EN8 9LZ
Decision date: 28 April 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: B3 Living Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2019-20) | £95.47 | £54.47 | Reduced | Apportionment error, Landlord could not evidence the cost |
| Utilities (2019-20) | £578.51 | £578.51 | Allowed in full | — |
| Cleaning (2019-20) | £181.96 | £181.96 | Allowed in full | — |
| Gardening & grounds (2019-20) | £66.23 | £66.23 | Allowed in full | — |
| Management fees (2019-20) | £140 | £140 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £109.18 | £109.18 | Allowed in full | — |
| Cleaning (2020-21) | £7.69 | £0 | conceded | — |
| Utilities (2020-21) | £608 | £202.67 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Cleaning (2020-21) | £150.93 | £150.93 | Allowed in full | — |
| Gardening & grounds (2020-21) | £99.82 | £99.82 | Allowed in full | — |
| Other charges (2020-21) | £4.79 | £4.79 | Allowed in full | — |
| Management fees (2020-21) | £250 | £200 | Reduced | Fee excessive for service delivered |
Section 20C order: partial.
Key passages (verbatim)
“we determine that the service charge payable in respect of the block repair costs is £54.47, comprising 1/53rd of £1,241.02 (£23.42) and the Applicant's agreed 1/13th share of the other block repair costs of £403.63 (£31.05).”
“the cost as charged by the Respondent was payable under the lease and reasonably incurred… these sums were charged by Npower and incurred by the Respondent.”
“the cost as calculated by the Respondent was payable under the lease and reasonably incurred.”
“the cost as calculated by the Respondent was payable under the lease and reasonably incurred. It equates to less than £6 per month.”
“this fee is less than 15% of the other service charge costs. We are satisfied that it is payable under the lease and (at £140 per flat) reasonably incurred.”
“this cost as estimated by the Respondent is reasonable and payable under the lease. It is an appropriate estimate to cover potential repair costs during the year.”
“until the hearing, even in these proceedings the Respondent was prone to giving generalised corporate responses to questions rather than the simple factual explanations needed.”
“It instructed legal representatives but did not seem to have given them the documents/ information which was required by the case management directions or needed to answer the relevant questions.”
“the Respondent had not reviewed these despite subsequent developments and the proceedings.”
“The Respondent knew these charges were being challenged, but did not in any of the documents assert this was a drain which served the block alone, or produce written evidence of this. It did not even produce copies of the relevant invoices.”
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.