CAM/38UE/LSC/2022/0053 — service charge decision
In CAM/38UE/LSC/2022/0053, decided 29 October 2023, the First-tier Tribunal considered 15 disputed service charge items at 13, 14, 16, 17 & 18 Phillips Court, Lombard Street, Abingdon, Oxfordshire and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 13, 14, 16, 17 & 18 Phillips Court, Lombard Street, Abingdon, Oxfordshire
Decision date: 29 October 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Peerless Properties (from 1 Jan 2023); previously Breckon & Breckon (2020-2022).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2020) | £417.18 | £417.18 | Allowed in full | — |
| Repairs & maintenance (2021) | £289.95 | £289.95 | Allowed in full | — |
| Repairs & maintenance (2022) | £543.99 | £543.99 | Allowed in full | — |
| Cleaning (2020) | £40.25 | £21.23 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2021) | £45.50 | £22.77 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2022) | £45.50 | £23.84 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2020) | £18 | £12 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2021) | £18.90 | £12.60 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2022) | £22.25 | £13.20 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2020) | £315.47 | £315.47 | Allowed in full | — |
| Utilities (2021) | £176.88 | £176.88 | Allowed in full | — |
| Utilities (2022) | £115.42 | £115.42 | Allowed in full | — |
| Major works (2020) | £61.90 | £61.90 | Allowed in full | — |
| Major works (2021) | £354.50 | £354.50 | Allowed in full | — |
| Major works (2022) | £73.53 | £73.53 | Allowed in full | — |
Key passages (verbatim)
“The service charge demanded for 2020 totals £8,343.60 and is apportioned between all 20 properties in Phillips Court to result in an individual demand for £417.18. The tribunal determines that relevant cost payable as service charge is the £8,343.60 demanded.”
“The service charge demanded for 2021 totals £5799.17 and is apportioned between all 20 properties in Phillips Court to result in an individual demand of £289.95.”
“The 2022 service charge which is payable and reasonable is as demanded in the two component charges comprising the phase 3 property charge which totals £2769.83 apportioned between the 6 phase 3 properties to result in an individual demand of £461.64 and in addition the Phillips Court shared charge which totals £1654.99 and is apportioned between all 20 properties to result in an individual demand of £82.75.”
“The unchallenged evidence before the tribunal is that the resulting state of cleanliness is inadequate in relation to the charge... a 1 hour visit every 8 weeks could be achieved at a cost of £20 per hour and so a total annual cost of £130 per year for 2020.”
“a 1 hour visit every 8 weeks could be achieved at a cost of £20 per hour and so a total annual cost of... £136.50 for 2021 (allowing 5% cost inflation).”
“a 1 hour visit every 8 weeks could be achieved at a cost of £20 per hour and so a total annual cost of... £143 for 2022 (allowing 5% cost inflation).”
“There has been undue delay in issuing this Decision to the parties. This is entirely due to an administrative oversight on my part to send it to the tribunal office. No fault lies with my fellow tribunal member or with the tribunal administration. Apologies are offered to the parties for that oversight and the resulting delay.”
“She described them as document wallets stuffed with paper which were organised into years but otherwise "in disarray".”
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.