CHI/00HN/LSC/2021/0012 — service charge decision
In CHI/00HN/LSC/2021/0012, decided 9 September 2021, the First-tier Tribunal considered 5 disputed service charge items at 57 Maxwell Road, Bournemouth, Dorset and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 57 Maxwell Road, Bournemouth, Dorset
Decision date: 9 September 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2018-2021) | — | — | Allowed in full | — |
| Legal & professional costs (2020) | £250 | £250 | Allowed in full | — |
| Legal & professional costs (2020) | £450 | £450 | Allowed in full | — |
| Repairs & maintenance (2020) | — | — | Allowed in full | — |
| Major works (2020) | — | — | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“the inclusion of legal expense cover at a modest expense is a reasonable risk which the Respondent is entitled to recover. In our judgment the insurance premium claimed is reasonable and payable.”
“it was reasonable given the matters being raised by the Applicants for the Respondent to instruct a surveyor to inspect and report on the roof. Mr Spiers did so and determined that the roof required replacement.”
“We are satisfied that such work was properly incurred by the Respondent in complying with her repairing covenants. In principle we are satisfied such costs are recoverable being costs associated with her complying with her repairing obligations.”
“We are satisfied that it is likely some damage would have been caused to the internal parts of the upper flat when total replacement of the roof was undertaken. In our judgment it is reasonable for the costs of such repairs to be borne by the service charge.”
“Mrs Allan does not challenge the cost of the works themselves. We note they were subject to a section 20 consultation and in our judgment the cost is reasonable.”
“We see no good reason as to why this has not been attended to, certainly as to the undisputed figures. It is the one area in which Mrs Sutton's actions may be criticised.”
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.