Decision summary

CHI/00MS/LSC/2023/0168 — service charge decision

In CHI/00MS/LSC/2023/0168, decided 14 February 2025, the First-tier Tribunal considered 6 disputed service charge items at 8 Chantry House, Albert Road South, Southampton, Hampshire and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 8 Chantry House, Albert Road South, Southampton, Hampshire
Decision date: 14 February 2025
Full decision: Read on GOV.UK

Managing agent named in the decision: Gateway Property Management Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Management fees (2020-21)—£150ReducedApportionment error, Landlord could not evidence the cost, Fee excessive for service delivered
Management fees (2021-22)—£150ReducedApportionment error, Landlord could not evidence the cost, Fee excessive for service delivered
Management fees (2022-23)—£150ReducedApportionment error, Landlord could not evidence the cost, Fee excessive for service delivered
Repairs & maintenance (2019-20)£651£0Disallowed entirelyWorks not necessary, Landlord could not evidence the cost, Other grounds
Repairs & maintenance (2021-22)£1,590£360ReducedWorks not necessary, Landlord could not evidence the cost, Other grounds
Repairs & maintenance (2022-23)£1,927£627ReducedWorks not necessary, Landlord could not evidence the cost, Other grounds

Section 20C order: granted.

Key passages (verbatim)

“the Tribunal determined the payable service charge for the Applicant in respect of management fees to be £150.00 inclusive of VAT per year”
On management fees
“the Tribunal determined the payable service charge for the Applicant in respect of management fees to be £150.00 inclusive of VAT per year”
On management fees
“the Tribunal determined the payable service charge for the Applicant in respect of management fees to be £150.00 inclusive of VAT per year”
On management fees
“the Tribunal was not persuaded by the Respondent that it had met the challenge for any period up to August 2022, except with regard to servicing”
On repairs & maintenance
“The Tribunal therefore allowed £360.00 in 2021-2022 and £627.00 in 2022-2023.”
On repairs & maintenance
“The Tribunal therefore allowed £360.00 in 2021-2022 and £627.00 in 2022-2023.”
On repairs & maintenance
“The Tribunal was very troubled by the fact that the later management fees were shown in the Respondent's statement of case, simply as a single total and the Applicants contribution to those shown as a single percentage of 4.02%.”
Of Respondent / Gateway (management fee apportionment)
“The fact that the only witness evidence on behalf of the Respondent was from someone who did not know how the fees had been set was not helpful and whilst Ms Brown sought to defend the approach, in those circumstances she had little prospect of doing so.”
Of Respondent witness (lack of knowledge of fee-setting)
“The Respondent's contention that it took "swift action" does not fit with those timescales or at least that any initial swift action was effective in achieving swift resolution, much as the Tribunal acknowledges that contractors needed to be approached and matters could not be resolved instantly.”
Of Respondent (gate repair response times)
“It is also, the Tribunal considers, a questionable reason for seeking to charge as service costs the cost of putting right matters which were not maintenance of the gates.”
Of Respondent (seeking to charge installation defect costs as service charges)

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.