CAM/26UF/LSC/2020/0034 — service charge decision
In CAM/26UF/LSC/2020/0034, decided 9 July 2021, the First-tier Tribunal considered 11 disputed service charge items at The Exchange, Queen St, Hitchin, SG4 9TY and found largely for the leaseholder: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: The Exchange, Queen St, Hitchin, SG4 9TY
Decision date: 9 July 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Firstport Property Services Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2009/2010) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2010/2011) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2011/2012) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2012/2013) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2015/2016) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2016/2017) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2017/2018) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2008/2009) | — | — | Withdrawn | — |
| Repairs & maintenance (2013/2014) | — | — | Withdrawn | — |
| Repairs & maintenance (2014/2015) | — | — | Withdrawn | — |
| Repairs & maintenance (2018/2019) | — | — | Withdrawn | — |
Section 20C order: granted.
Key passages (verbatim)
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit of 4/46 in each year to represent what would have been a fair and reasonable contribution from the gym lessee under Schedule 3A towards maintenance and general repairs of the car parks.”
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit of 4/46 in each year to represent what would have been a fair and reasonable contribution from the gym lessee under Schedule 3A towards maintenance and general repairs of the car parks.”
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit of 4/46 in each year to represent what would have been a fair and reasonable contribution from the gym lessee under Schedule 3A towards maintenance and general repairs of the car parks.”
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit of 4/46 in each year to represent what would have been a fair and reasonable contribution from the gym lessee under Schedule 3A towards maintenance and general repairs of the car parks.”
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit in each year of 37% to represent BT/Schedule 3B contributions towards maintenance and general repairs of the car parks.”
“the figure for Schedule 1 expenses must be adjusted by the First Respondent to give a credit in each year of 37% to represent BT/Schedule 3B contributions towards maintenance and general repairs of the car parks.”
“It is a concerning feature of this case that the Respondents' cases have been advanced on shifting sands.”
“We have been troubled by the fact that the First Respondent's case has frequently chopped and changed, with matters being asserted and then (when subject to scrutiny) being abandoned in favour of a different argument.”
“the Second Respondent's approach to these proceedings up to the date of the hearing has been simply to refer the Tribunal to the First Respondent for all the answers.”
“It is patently clear to the Tribunal but there has been a long history of lack of transparency in the accounts, and of lack of engagement by the Respondents with the Applicants in order to resolve this dispute.”
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.