Decision summary

BIR/00CN/LSC/2022/0010 — service charge decision

In BIR/00CN/LSC/2022/0010, decided 20 April 2023, the First-tier Tribunal considered 20 disputed service charge items at 93 Rupert Street, Nechells, Birmingham and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 93 Rupert Street, Nechells, Birmingham
Decision date: 20 April 2023
Full decision: Read on GOV.UK

Managing agent named in the decision: Sycamore Management (Nechells) No.1 Ltd.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Cleaning (2022-23)£2,500£2,500Allowed in full—
Gardening & grounds (2022-23)£2,500£2,500Allowed in full—
Repairs & maintenance (2022-23)£1,000£1,000Allowed in full—
Repairs & maintenance (2022-23)£1,200—Disallowed entirelyLandlord could not evidence the cost, Other grounds
Utilities (2022-23)£2,000£2,000Allowed in full—
Repairs & maintenance (2022-23)£2,000£1,874ReducedCosts unreasonably incurred (s19(1)(a))
Major works (2022-23)£3,000£3,000Allowed in full—
Repairs & maintenance (2022-23)£2,000£2,000Allowed in full—
Repairs & maintenance (2022-23)£1,500£1,500Allowed in full—
Management fees (2022-23)£4,500£3,250ReducedFee excessive for service delivered, Other grounds
Legal & professional costs (2022-23)£3,000£3,000Allowed in full—
Other charges (2022-23)£600£139.20ReducedLandlord could not evidence the cost
Other charges (2022-23)£3,000£3,000Allowed in full—
Administration charges (2022-23)£6,000—Disallowed entirelyLandlord could not evidence the cost
Other charges (2022-23)£600£600Allowed in full—
Utilities (2022-23)£250£250Allowed in full—
Buildings insurance (2022-23)£3,000£3,127.10Allowed in full—
Buildings insurance (2022-23)£1,250£1,250Allowed in full—
Major works (2022-23)£12,000—Disallowed entirelyNo Section 20 consultation
Other charges (2022-23)£3,000—Disallowed entirelyLandlord could not evidence the cost

Key passages (verbatim)

“The Tribunal had determined, in the previous proceedings, that this element of service charge was reasonable for the year ending 30 September 2022. We agree that this sum is reasonable for the year ending September 2023 too.”
On cleaning
“The Tribunal had determined, in the previous proceedings, that this element of service charge was reasonable for the year ending 30 September 2022. We agree that this sum is reasonable for the year ending September 2023 too.”
On gardening & grounds
“The Tribunal had determined, in previous proceedings, that this sum was reasonable for the service charge year ending 30 September 2022. We agree that this sum is reasonable for the year ending September 2023 too.”
On repairs & maintenance
“the Tribunal is not content at this stage to conclude that the proposed costs are reasonable to incur, given the absence of clarification on (a) the insurance position, and (b) the likely level of costs to be incurred, given the outstanding quotations.”
On repairs & maintenance
“the sum of £2,000 in relation to the replacement works, given the indicated quote of £2,770, is reasonable in the circumstances.”
On utilities
“The Applicant indicated that the relevant test works had been completed, at a cost of £1,874... The Tribunal has no difficulty in determining that these works were reasonably required, and that the sum incurred is reasonable in the circumstances.”
On repairs & maintenance
“It is noteworthy that the Directions did not require the statements of case to be sent to any of the other twelve leaseholders at the development, such that it should be assumed, that they are unaware of the proceedings, or the substance of them, such that any determination made by this Tribunal cannot fairly be said to bind those other leaseholders.”
Of Tribunal directions procedure

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.