CHI/00ML/LSC/2022/0099 — service charge decision
In CHI/00ML/LSC/2022/0099, decided 22 November 2023, the First-tier Tribunal considered 16 disputed service charge items at Flat 3, 43 Grand Parade, Brighton BN2 9QA and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 43 Grand Parade, Brighton BN2 9QA
Decision date: 22 November 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Powell and Co Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2020-21) | £790 | £790 | Allowed in full | — |
| Other charges (2020-21) | £150 | £150 | Allowed in full | — |
| Buildings insurance (2020-21) | £1,581.99 | £1,581.99 | Allowed in full | — |
| Buildings insurance (2021-22) | £1,674.68 | £1,674.68 | Allowed in full | — |
| Buildings insurance (2022-23) | £1,991.97 | £1,991.97 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £162 | £162 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £69 | £69 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £190 | £190 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £92.40 | £92.40 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £160 | £160 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £506.40 | £506.40 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £62.40 | £62.40 | Allowed in full | — |
| Legal & professional costs (2020-21) | £300 | £300 | Allowed in full | — |
| Legal & professional costs (2020-21) | £350 | £350 | Allowed in full | — |
| Management fees (2020-21) | £1,140 | £1,140 | Allowed in full | — |
| Management fees (2021-22) | £1,140 | £1,140 | Allowed in full | — |
Key passages (verbatim)
“The Electrical Installation Condition Report clearly and unambiguously states that the distribution board was 'potentially dangerous' and required 'urgent remedial action'. It was plainly reasonable for the Respondent to incur the costs of the works to the distribution board.”
“It is an implied term that the Respondent may purchase equipment to enable it to comply with para 3 of Sch.4 to the Lease – and that it may recover the costs of doing this from the lessees.”
“The Tribunal finds, as a matter of fact, that the Respondent incurred and paid the insurance premiums for the 2020-21 and 2021-22 insurance years.”
“The Tribunal finds, as a matter of fact, that the Respondent incurred and paid the insurance premiums for the 2020-21 and 2021-22 insurance years.”
“No specific challenges were made to any of the elements of the 2022-23 interim service charges. The Tribunal finds they are payable.”
“Section 20B(1) does not therefore prevent recovery of the fire alarm costs.”
“the Respondent's failure to have a written management agreement in place is undoubtedly a breach of the RICS Code.”
“Having a written management agreement is good practice. Future tribunals might (with different evidence) take the lack of a management agreement into account to reduce service charges under s.19 of the 1985 Act.”
“the Applicant's Statements of Case are confused. They contain very many allegations, often alleging serious criminality on the part of the Respondent and making frequent references to statutory provisions not relied upon at the hearing or referred to in the Scott Schedule.”
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.