Decision summary

CHI/00HB/LSC/2021/0042 — service charge decision

In CHI/00HB/LSC/2021/0042, decided 1 February 2022, the First-tier Tribunal considered 5 disputed service charge items at Ground Floor Flat 15 Miles Road, Clifton, Bristol and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Ground Floor Flat 15 Miles Road, Clifton, Bristol
Decision date: 1 February 2022
Full decision: Read on GOV.UK

Managing agent named in the decision: Easton Beavens (formerly); Hillcrest Estate Management (for s20 notices).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Major works (2021)£12,110.92£12,110.92Allowed in full—
Buildings insurance (2015-2021)——Allowed in full—
Other charges (2015-2021)——Allowed in fullEstoppel or prior agreement
Repairs & maintenance (2021)——Allowed in full—
Other charges (2021-22)——Allowed in full—

Section 20C order: refused.

Key passages (verbatim)

“a contract was awarded to the contractor who had submitted the lowest tender. To date the works have not started because the Applicant has failed to pay his contribution (£12,110.92)”
On major works
“He has not produced any evidence to the Tribunal to show that the amounts charged are not competitive or the cover obtained not suitable and in those circumstances the Tribunal has little option but to approve the cost”
On buildings insurance
“He is therefore deemed to have agreed the very charges which he now purports to challenge and is thus estopped by agreement from challenging them at this stage.”
On other charges
“having reviewed these items the Tribunal finds all of them to be chargeable within the service charge provisions of the lease and of reasonable amount. They are therefore payable in full.”
On repairs & maintenance
“the Tribunal can find no issues with the proposed estimate for service charges (excluding major works) for April 2021/March 2022 which is therefore approved by the Tribunal.”
On other charges
“The Tribunal dismisses this argument as specious.”
Of Applicant (challenge to invoices addressed to third parties)
“The Applicant's argument on this point is misconceived and cannot succeed.”
Of Applicant (argument that landlord must respond to s20 observations)
“Item 7 is a company law matter outside the Tribunal's jurisdiction and appears to be a misunderstanding of the relevant law by the Applicant.”
Of Applicant (query about registered address of Respondent company)

Related

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.