CHI/00MS/LSC/2020/0048 — service charge decision
In CHI/00MS/LSC/2020/0048, decided 17 February 2021, the First-tier Tribunal considered 12 disputed service charge items at 46 Redcote Close, Southampton SO18 5SU and reached a mixed result: 11 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 46 Redcote Close, Southampton SO18 5SU
Decision date: 17 February 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Gardening & grounds (2017-18) | £95.09 | £80.39 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2017-18) | £4.32 | £4.32 | Allowed in full | — |
| Management fees (2017-18) | £14.91 | £12.71 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2017-18) | — | £0 | Disallowed entirely | Not payable under the lease |
| Gardening & grounds (2018-19) | £168.12 | £83.44 | Reduced | Standard not reasonable (s19(1)(b)), Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2018-19) | £25.22 | £12.52 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2018-19) | — | £0 | Disallowed entirely | Not payable under the lease |
| Gardening & grounds (2019-20) | £130.28 | £64.11 | Reduced | Standard not reasonable (s19(1)(b)), Apportionment error, Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2019-20) | — | £51.14 | Reduced | Standard not reasonable (s19(1)(b)) |
| Management fees (2019-20) | £19.54 | £17.29 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2020-21) | — | — | Reduced | Standard not reasonable (s19(1)(b)) |
| Other charges (2020-21) | — | £0 | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“I consider a modest reduction of 10% to the Grounds maintenance charges excluding the one-off payment for tree works should be made for 2017/18, 2018/19, 2019/20 and 2020/21”
“The disputed invoice for £432 relates to tree works and as such is not within the gardening contract and is chargeable.”
“a resultant adjustment of the 15% Management and Administration charge all as set out in the table below”
“The two invoices relating to rubbish clearance have been removed as not payable.”
“I consider a modest reduction of 10% to the Grounds maintenance charges excluding the one-off payment for tree works should be made for 2017/18, 2018/19, 2019/20 and 2020/21”
“a resultant adjustment of the 15% Management and Administration charge all as set out in the table below”
“It is unfortunate that the Applicant has largely based his case on what he considers to be the contractor's failure to comply with the terms of its contract which, as indicated at paragraph 19 above is not relevant to the matter the Tribunal must determine.”
“Neither party in this case has strictly complied with the Tribunal's Directions but, in the absence of specific objections I am prepared to take into account all of the documents contained within the hearing bundle.”
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.