Decision summary

CHI/00HN/LSC/2024/0023 — service charge decision

In CHI/00HN/LSC/2024/0023, decided 11 April 2025, the First-tier Tribunal considered 12 disputed service charge items at Viewpoint, 7-9 Sandbourne Road, Bournemouth, BH4 8JR and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Viewpoint, 7-9 Sandbourne Road, Bournemouth, BH4 8JR
Decision date: 11 April 2025
Full decision: Read on GOV.UK

Managing agent named in the decision: Napier Management Services Ltd.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2020-21)£601.77Allowed in full
Legal & professional costs (2023)£4,500£4,500Allowed in full
Repairs & maintenance (2023)£59,000£59,000Allowed in full
Repairs & maintenance (2020-21)Disallowed entirelyNot payable under the lease
Reserve fund contributions (2022)Allowed in full
Buildings insurance (2023)ReducedUndisclosed insurance commission
Buildings insurance (2023)Disallowed entirelyOther grounds
Administration charges (2023)£40Allowed in full
Administration charges (2023)£1,492£0Disallowed entirelyNot payable under the lease
Administration charges (2024)£450Allowed in full
Administration charges (2024)£879£0Disallowed entirelyNot payable under the lease
Management fees (2018)Allowed in full

Section 20C order: refused.

Key passages (verbatim)

“The Tribunal finds the replacement of the three lintels to be appropriate works, and the cost £601.77 plus VAT reasonable. The Applicants service charge apportionment is 1.76% which is therefore £10.59.”
On repairs & maintenance
“The Tribunal finds that the section 20 was properly undertaken and the delay in the delivery was outside the control of the Respondent. The Tribunal therefore finds the cost of the second section 20 procedure allowable. The service charge apportionment is 1.76% of the second section 20 notice of £4500 plus VAT which is £79.20.”
On legal & professional costs
“The Tribunal finds the Respondents quotation of £59,000 reasonable. Application of the service charge apportionment of 1.76% which is £1038.40.”
On repairs & maintenance
“The Tribunal finds that repairs to plaster and redecorations are the responsibility of the leaseholder. As a consequence, the freeholder cannot undertake repairing the plaster inside the leaseholder's demise.”
On repairs & maintenance
“The Tribunal finds that the provisions in the lease providing for a reserve fund can reasonably be interpreted to allow for funds from both specifically identified works and works that, given the age of the building, are not yet known but a reasonable property manager, may envisage.”
On reserve fund contributions
“The Tribunal also determines that the 15% commission applied to the premium should be applied in accordance with the service agreement that is calculated based on a net premium. The managing agent should recalculate the insurance premium in accordance with the determined basis.”
On buildings insurance
“The Applicant at the start of the hearing produced a single A4 table. The Respondent had not been copied on it previously.”
Of Applicant

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.