BIR/00CT/LIS/2023/0030 — service charge decision
In BIR/00CT/LIS/2023/0030, decided 29 July 2024, the First-tier Tribunal considered 4 disputed service charge items at 7 Claremont House, 15A Poplar Road, Dorridge, Solihull and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 7 Claremont House, 15A Poplar Road, Dorridge, Solihull
Decision date: 29 July 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Flex Property Services t/a Remus Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Lifts (2020-21) | £387.75 | £0 | Disallowed entirely | Not payable under the lease |
| Lifts (2020-21) | £813.94 | £813.94 | Allowed in full | — |
| Lifts (2021-22) | £418.90 | £418.90 | Allowed in full | — |
| Lifts (2020-21) | £296.25 | £250 | Reduced | No Section 20 consultation |
Section 20C order: refused.
Key passages (verbatim)
“the issuance of the invoice referred to in paragraph 2a above is not permitted under the lease. Under the lease, the Respondent is not permitted to demand additional sums at will outside of the contractual arrangements for collection of service charges.”
“Invoices 2b and 2c are payable in full”
“Invoices 2b and 2c are payable in full”
“the Applicant is entitled to a credit on his service charge account of the amount he paid for that invoice (one sixteenth of £4,740.00 = £296.25) fess £250.00, which is £46.25, unless or until the Respondent obtains dispensation under section 20(ZA) of the Act”
“the executive dealing with the works had taken the view that a tribunal would grant dispensation, but no dispensation application had in fact been made.”
“It appears the Respondent misinterpreted the definition of the service charge years dates (see paragraph 8c above) by deciding that the definition allowed additional service charge invoices to be raised on further dates at the Respondent's discretion.”
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.