Decision summary

CHI/29UN/LSC/2020/0037 — service charge decision

In CHI/29UN/LSC/2020/0037, decided 2 November 2020, the First-tier Tribunal considered 7 disputed service charge items at Flats 5, 20 and 24, 71-79 Eaton Road, Margate, Kent and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flats 5, 20 and 24, 71-79 Eaton Road, Margate, Kent
Decision date: 2 November 2020
Full decision: Read on GOV.UK

Managing agent named in the decision: Bamptons Management (Sustainable Property Management Ltd t/a Bamptons).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Buildings insurance (2019)£3,035£3,035Allowed in full
Repairs & maintenance (2019)£12,299£12,299Allowed in fullLeaseholder evidence insufficient
Management fees (2019)£8,432£8,432Allowed in full
Legal & professional costs (2019)£4,410£4,410Allowed in full
Legal & professional costs (2019)£3,400£3,400Allowed in full
Legal & professional costs (2019)£6,155£6,155Withdrawn
Major works (2019)£31,464£31,464Allowed in full

Section 20C order: refused.

Key passages (verbatim)

“There is no substantive objection to the relevant costs on the grounds the insurance premiums were not reasonably incurred or that the insurance services were not of a satisfactory standard. The Applicants are therefore liable to pay service charges reflecting £3,035 relevant costs of insurance in the 2019 service charge year.”
On buildings insurance
“The tribunal is satisfied the Applicants are liable to pay service charges in the 2019 service charge year which reflect relevant costs of £12,299 for repairs and maintenance.”
On repairs & maintenance
“The Applicants do not advance any positive case as to why the relevant costs are not reasonably incurred or as to why the management services were not of a reasonable standard. It follows the Applicants are liable to pay service charges in the 2019 service charge year which reflect relevant costs of £8,432 for management fees.”
On management fees
“The Applicants are liable to pay service charges in the 2019 service charge year which reflect relevant costs of £4,410 for s.20 fees.”
On legal & professional costs
“The Applicants are liable to pay service charges in the 2019 service charge year which reflect relevant costs of £3,400 for tribunal costs.”
On legal & professional costs
“The Applicants' joint statement of case does not refer to these costs, and it therefore appears the objection to professional fees has now been withdrawn.”
On legal & professional costs
“It is far from clear why the accountant did not use the exact terminology used in para 1(iv) of Sch.4.”
Of MMP Ltd (accountants)

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.