Decision summary

CHI/29UN/LSC/2020/0088 — service charge decision

In CHI/29UN/LSC/2020/0088, decided 29 June 2021, the First-tier Tribunal considered 4 disputed service charge items at 3 Harold Mews, 39 Harold Road, Cliftonville, Kent and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 3 Harold Mews, 39 Harold Road, Cliftonville, Kent
Decision date: 29 June 2021
Full decision: Read on GOV.UK

Managing agent named in the decision: Blue Property Investment UK Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Administration charges—£0Disallowed entirelyDemand formally invalid, Not payable under the lease
Other charges£425£0Disallowed entirelyLandlord could not evidence the cost
Legal & professional costs—£0Disallowed entirelyCosts unreasonably incurred (s19(1)(a)), Not payable under the lease
Other charges——Allowed in full—

Key passages (verbatim)

“It must also follow that all administration charges added to the account are not payable or reasonable... the Respondent has paid what she is required to do so and so none of these costs are due and payable.”
On administration charges
“We determine the sum of £425 said to be Bin Hire is not recoverable... no proper explanation was provided or copy of the invoice for the same.”
On other charges
“We have considered the legal fees and we are not satisfied that these are legitimate service charge costs... the conference with counsel appears to have been general advice for the benefit of the Applicant and its managing agent and not specific advice.”
On legal & professional costs
“We accept that this was a reasonable approach for a managing agent to adopt who should err on the side of caution... such costs as when demanded in accordance with the lease will be properly payable.”
On other charges
“It is noteworthy that the actual service charge accounts were not prepared and issued until after this claim was issued in the County Court.”
Of Applicant (Blue Property Investment UK Limited)

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.