CHI/00HG/LSC/2020/0052 — service charge decision
In CHI/00HG/LSC/2020/0052, decided 28 February 2022, the First-tier Tribunal considered 19 disputed service charge items at 79 Charles Cross Apartments, 22 Constantine Street, Plymouth, PL4 8AF and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 79 Charles Cross Apartments, 22 Constantine Street, Plymouth, PL4 8AF
Decision date: 28 February 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Full Circle Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018-19) | £6,240 | £6,240 | Allowed in full | — |
| Other charges (2019 (Apr-Jul)) | £3,480 | £3,480 | Allowed in full | — |
| Cleaning (2018-19) | £30,749.86 | £30,749.86 | Allowed in full | — |
| Cleaning (2019 (Apr-Jul)) | £4,133 | £4,133 | Allowed in full | — |
| Utilities (2018-19) | £13,540 | £9,683.10 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2019 (Apr-Jul)) | £5,589 | £2,783 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2018-19) | £6,890.68 | £6,890.68 | Allowed in full | — |
| Other charges (2018-19) | £10,970.58 | £10,341.43 | Reduced | Duplication of charges |
| Other charges (2019 (Apr-Jul)) | £372 | £372 | Allowed in full | — |
| Buildings insurance (2018-19) | £5,255.49 | £989.28 | Reduced | Not payable under the lease |
| Buildings insurance (2019 (Apr-Jul)) | £1,570 | £0 | Disallowed entirely | Not payable under the lease |
| Lifts (2018-19) | £5,190.29 | £4,596 | Reduced | Other grounds |
| Lifts (2018-19) | £1,080 | £1,080 | Allowed in full | — |
| Lifts (2019 (Apr-Jul)) | £450 | £450 | Allowed in full | — |
| Management fees (2018-19) | £18,600 | £18,600 | Allowed in full | — |
| Management fees (2019 (Apr-Jul)) | £5,707 | £5,707 | Allowed in full | — |
| Utilities (2018-19) | £92,538.28 | £92,538.28 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £9,116 | £9,116 | Allowed in full | — |
| Repairs & maintenance (2019 (Apr-Jul)) | £3,141 | £3,141 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“the charges of £6,240 (1 April 2018 – 31 March 2019) and £3,480 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
“the charges of £6,240 (1 April 2018 – 31 March 2019) and £3,480 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
“The Tribunal determines that the charges of £30,749.86 (1 April 2018 to 31 March 2019) and £4,133 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
“The Tribunal determines that the charges of £30,749.86 (1 April 2018 to 31 March 2019) and £4,133 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
“The Tribunal accepts the Applicants' analysis of the charges for electricity. The Tribunal determines that the charge of £9,683.10 (1 April 2018 to 31 March 2019) and £2,783 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
“The Tribunal accepts the Applicants' analysis of the charges for electricity. The Tribunal determines that the charge of £9,683.10 (1 April 2018 to 31 March 2019) and £2,783 (1 April 2019 to 21 July 2019) have been reasonably incurred and are payable by the Applicants.”
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.