CHI/29UE/LSC/2021/0084 & others — service charge decision
In CHI/29UE/LSC/2021/0084 & others, decided 22 February 2022, the First-tier Tribunal considered 12 disputed service charge items at 4 Delf Mews Cottages, Delf Street, Sandwich, Kent CT13 9BZ and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 4 Delf Mews Cottages, Delf Street, Sandwich, Kent CT13 9BZ
Decision date: 22 February 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Delf Mews Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2021) | £9,096 | £9,096 | Allowed in full | — |
| Cleaning (2021) | £500 | £150 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021) | £1,200 | £300 | Reduced | Apportionment error |
| Other charges (2021) | £1,800 | £0 | Disallowed entirely | Works not necessary, Not payable under the lease |
| Other charges (2021) | — | — | conceded | — |
| Management fees (2021) | — | — | Allowed in full | — |
| Repairs & maintenance (2022) | — | — | Allowed in full | — |
| Legal & professional costs (2021) | — | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2021) | — | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Other charges (2021) | — | — | conceded | — |
| Administration charges (2021) | £12,957.47 | £6,264 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Administration charges (2021) | £1,557.55 | £783.30 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal finds the sum of £9,096 inclusive of VAT to be reasonable and payable.”
“The second demand was not, therefore, reasonably demanded. ... the Tribunal ... reduces the charge to £125. [for first wash; second £250 disallowed; total £125 allowed, rounded to £150 per Summary Decision para 4]”
“the Tribunal finds the sum of £1,200 inclusive of VAT to be reasonable and payable on the basis of a ¼ share.”
“Refuse Area is reduced to Nil.”
“The Tribunal noted that this issue has been resolved by the parties without the need for a determination.”
“the Tribunal finds that 5% charges were reasonable and payable in accordance with the term of the lease.”
“The Tribunal is surprised that a detailed description in the form of an itemised invoice supported by a record detailing which level of lawyer dealt with which issues, when, for how long, at what cost was not submitted for summary assessment.”
“The statement of legal costs is sparse on detail.”
“Mr Pearce's evidence on jet washing was confused.”
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.