CHI/LSC/2021/0055 — service charge decision
In CHI/LSC/2021/0055, decided 8 February 2022, the First-tier Tribunal considered 13 disputed service charge items at 36A Tivoli Crescent, Brighton and found largely for the leaseholder: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 36A Tivoli Crescent, Brighton
Decision date: 8 February 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: PS&B.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Reserve fund contributions (2018-2020) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Other charges (2018) | £300 | £300 | Allowed in full | — |
| Management fees (2018-2020) | — | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Other charges (2020) | — | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2021) | — | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £3.50 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £210 | £210 | Allowed in full | — |
| Major works (2018) | £380.10 | £380.10 | Allowed in full | — |
| Major works (2020) | £285 | £285 | Allowed in full | — |
| Other charges (2020) | £72 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2020) | £90 | £0 | Disallowed entirely | Not payable under the lease |
| Major works (2021) | £8,338.50 | £0 | Disallowed entirely | Demand formally invalid, Poor standard of work |
| Legal & professional costs (2021) | £883.50 | — | Disallowed entirely | Landlord could not evidence the cost, Poor standard of work |
Section 20C order: granted.
Key passages (verbatim)
“The Lessor was not able to overestimate in order to create a surplus and build up a reserve… The total credit is therefore £363.44.”
“the cost is not excessive, but within the range of what would be expected for modest accounts.”
“Given the lack of response by the managing agent for the years ending March 2018 to 2020, the Tribunal considers that the managing agents have provided a poor standard of service in terms of communication. For that reason for the years in which that persisted, a reduction of £250 plus VAT is made. Amounting to a total of £900, which when applied to the Applicants, results in the sum of £300 not being payable.”
“£450 fire protection and £250 on health and safety risk assessment for the year end 2020”
“£450 fire alarm maintenance budgeted for the year end 2021”
“£3.50 for a smoking sign in the common parts in 2017”
“The omissions reflect poorly on the management from time to time of the Property and the lack of disclosure in relation to the 2017 suggests a failure to comply with the Tribunal's directions.”
“the Tribunal was not impressed with the manner in which the Respondent had engaged with these proceedings in that it had failed to provide all the necessary documents and raised thin arguments in relation to a number of items.”
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.