CAM/26UC/LSC/2021/0060 — service charge decision
In CAM/26UC/LSC/2021/0060, decided 26 April 2022, the First-tier Tribunal considered 37 disputed service charge items at Swan Court, Waterhouse Street, Hemel Hempstead and reached a mixed result: 10 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Swan Court, Waterhouse Street, Hemel Hempstead
Decision date: 26 April 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Parkgate Aspen / JFM Block & Estate Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Lifts (2019) | £38,000 | — | Allowed in full | — |
| Cleaning (2019) | — | — | Reduced | Poor standard of work |
| Cleaning (2020) | — | — | Reduced | Poor standard of work |
| Management fees (2019) | — | — | Allowed in full | — |
| Management fees (2020) | — | — | Allowed in full | — |
| Legal & professional costs (2019) | £120 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019) | £234 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2019) | £16.66 | — | Disallowed entirely | Other grounds |
| Other charges (2019) | £41.08 | — | Disallowed entirely | Duplication of charges, Landlord could not evidence the cost |
| Other charges (2020) | £43.85 | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020) | £144 | — | Disallowed entirely | Other grounds |
| Other charges (2020) | £720 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Lifts (2019) | £12,160.20 | — | Disallowed entirely | Duplication of charges |
| Cleaning (2019) | £3,723 | — | Allowed in full | — |
| Other charges (2019) | £664 | — | Allowed in full | — |
| Repairs & maintenance (2019) | £90 | — | Allowed in full | — |
| Other charges (2019) | £222 | — | Allowed in full | — |
| Repairs & maintenance (2019) | £216 | — | Allowed in full | — |
| Buildings insurance (2019) | £350 | — | Allowed in full | — |
| Other charges (2019) | £102.68 | — | Allowed in full | — |
| Repairs & maintenance (2019) | £42.66 | — | Allowed in full | — |
| Other charges (2019) | £984 | — | Allowed in full | — |
| Other charges (2019) | £769.39 | — | Allowed in full | — |
| Other charges (2019) | £140 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £92.40 | — | Allowed in full | — |
| Utilities (2020) | £153.11 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £180 | — | Allowed in full | — |
| Buildings insurance (2020) | £500 | — | Allowed in full | — |
| Other charges (2020) | £108 | — | Allowed in full | — |
| Other charges (2020) | £120 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £300 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £90 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £42.66 | — | Allowed in full | — |
| Buildings insurance (2020) | £273.30 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £312.60 | — | Allowed in full | — |
| Other charges (2020) | £6 | — | Allowed in full | — |
| Other charges (2020) | £924 | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“Given the Respondent's agreement to give the lessees credit for the credit notes recently issued by Griffin against the service charge account, there is no basis for any challenge to the recovery by the Respondent of the cost of putting the lifts into repair.”
“it is appropriate to reduce the sums charged by Armour in the relevant years of account by 10%.”
“it is appropriate to reduce the sums charged by Armour in the relevant years of account by 10%.”
“this large newly converted block has been reasonably well managed for a cost of £258.00 per unit including VAT. In our view that is a reasonable charge for the service provided overall.”
“There are no valid grounds to challenge the level of the management fees charged by either Parkgate Aspen or JFM.”
“This was a business resource for the benefit of the managing agent. On this basis, the Respondent accepted that it should not been charged to the lessees.”
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.