CAM/34UF/LSC/2021/0006 — service charge decision
In CAM/34UF/LSC/2021/0006, decided 23 September 2021, the First-tier Tribunal considered 8 disputed service charge items at Flat 3, 35, The Old School House, Holley Road, Northampton and found largely for the landlord: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 35, The Old School House, Holley Road, Northampton
Decision date: 23 September 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Clayson Lofts Company Limited (trading as Holly Road Management Company).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Cleaning (2012-2021) | £2,379 | £2,379 | Allowed in full | — |
| Utilities (2012-2021) | £1,873 | £1,873 | Allowed in full | — |
| Management fees (2012-2021) | £4,877 | £4,447 | Reduced | Fee excessive for service delivered, Other grounds |
| Other charges (2012-2021) | £563 | £563 | Allowed in full | — |
| Repairs & maintenance (2012-2021) | £2,979 | £2,979 | Allowed in full | — |
| Major works (2016) | £650 | £250 | Reduced | No Section 20 consultation |
| Other charges (2012-2021) | £360 | £360 | Allowed in full | — |
| Reserve fund contributions (2012-2021) | — | — | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“In the absence of evidence to the contrary the Tribunal used the knowledge and experience of its members and determined the cleaning costs for the years in issue to be reasonable and payable by the Applicant to the Respondent.”
“in absence of evidence to the contrary, the Tribunal determined the electricity costs for the Years in Issue to be reasonable and payable by the Applicant to the Respondent.”
“the Tribunal therefore determined that in the knowledge and experience of its members the reasonable Management and Accountancy Fees for the Years in Issue are [reduced figures for each year]”
“The Tribunal found that the Respondent was entitled under the Apartment Lease to include the Bank Charges within the Service Charge... and determined the Bank Charges for the Years in Issue to be reasonable and payable by the Applicant to the Respondent.”
“In the absence of evidence to the contrary the Tribunal used the knowledge and experience of its members and determined the repair costs for the Years in Issue to be reasonable and payable by the Applicant to the Respondent.”
“With regard to the painting of the communal areas and external doors carried out in 2015, these were Qualifying Works but no evidence of the section 20 consultation for these works was provided. In the absence of such evidence the Tribunal determined that the cost of these works should be capped at the £250.00 threshold.”
“the Tribunal was critical of the Respondent in that it failed to comply with the Directions in not providing all the evidence of the Schedule of costs incurred and the invoices in a timely manner.”
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.