CHI/00ML/LSC/2023/0066 — service charge decision
In CHI/00ML/LSC/2023/0066, decided 8 March 2024, the First-tier Tribunal considered 8 disputed service charge items at Flats B, C & D, 514 Christchurch Road, Bournemouth, Dorset and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats B, C & D, 514 Christchurch Road, Bournemouth, Dorset
Decision date: 8 March 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: SPL Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2022-23) | — | — | Allowed in full | — |
| Cleaning (2021-22) | £498 | £98 | Reduced | Poor standard of work |
| Repairs & maintenance (2021-22) | — | — | Allowed in full | — |
| Other charges (2021-22) | — | — | Withdrawn | — |
| Legal & professional costs (2021-22) | — | — | Withdrawn | — |
| Legal & professional costs (2021-22) | — | — | Disallowed entirely | Works not necessary |
| Other charges (2021-22) | — | — | Allowed in full | — |
| Repairs & maintenance (2022-23) | £3,220 | £3,220 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“renewal of the roof covering (and associated repairs to gutters, parapet walls, etc.) does not go beyond the covenants in the flat leases.”
“Cleaning services were not of a reasonable standard under s.19(1)(b) of the 1985 Act. The tribunal accepts that a reasonable reduction would be £400, and that the relevant costs of cleaning in the 2021-22 service charge year is limited to £98.”
“The breakdown of these costs in the service charge accounts and the invoices in the bundle are prima facie evidence that the costs were incurred. No other objection is made to them.”
“Although this figure appeared in the 2020-21 budget, no expenditure for external works was included in the final service charge accounts. Mr Moore explained he did not therefore wish to pursue this at the hearing.”
“no solicitors costs appeared in the 2021-22 service charge accounts. Mr Moore suggested the tribunal could safely ignore any objection to these fees in the 2021 service charge year.”
“the 2021-22 service charge accounts do not include any expenditure for surveyor's fees… the definition of 'qualifying works' in s.20ZA(1) of the 1985 Act is generally limited to the contractor's costs and does not include related professional fees such as surveyors' fees”
“But copies were not made available to the tribunal.”
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.