BIR/00CW/LIS/2021/0021 — service charge decision
In BIR/00CW/LIS/2021/0021, decided 10 December 2021, the First-tier Tribunal considered 10 disputed service charge items at 52 Field Street, Heath Town, Wolverhampton, WV10 0JH and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 52 Field Street, Heath Town, Wolverhampton, WV10 0JH
Decision date: 10 December 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Nehemiah United Churches Housing Association Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2017/8) | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2019/20) | — | — | Disallowed entirely | Not payable under the lease |
| Gardening & grounds (2017/8) | — | — | Reduced | Not payable under the lease |
| Gardening & grounds (2019/20) | — | — | Reduced | Not payable under the lease |
| Management fees (2017/8) | — | — | Reduced | Not payable under the lease |
| Management fees (2019/20) | — | — | Reduced | Not payable under the lease |
| Other charges (2017/8) | £80 | £0 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021/22) | £50 | £50 | Allowed in full | — |
| Gardening & grounds (2019/20) | £96 | £96 | Allowed in full | — |
| Management fees (2015/6) | — | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“We therefore determine that the costs related to works to the boundary fence are not payable as a service charge but should rather be charged to the rent account... We therefore deduct £1692... this reduces the weekly service charge by 0.39”
“We therefore determine that the costs related to works to the boundary fence are not payable... We therefore deduct... £1512 from the costs charged to the service charge account and this reduces the weekly service charge by... 0.35 respectively.”
“Having inspected the Estate and having had regard to the ground maintenance specification, as an expert Tribunal we determine that the costs of the contract are reasonable and have been reasonably incurred.”
“As we have deducted the costs of fencing in years 2017/8 and 2019/20, this consequentially reduces the costs against which the 15% is charged.”
“amended management charges for those 2 years of £0.09 and £0.03 respectively”
“amended management charges for those 2 years of £0.09 and £0.03 respectively”
“There is a discrepancy in the Respondent's paperwork as to in which years these charges were made, for example page 187 which refers to Invoice 29536 refers to 'service charge year ended 2018' and yet page 380, in which the charge appears is headed 'service charge breakdown 2018/19'.”
“We consider there to be a lack of clarity as to the ownership of the trees on the boundary of the Estate by Wednesfield Road where the Respondent arranged for the overhanging trees to be cut back. However, as this specific item on this invoice cost £36, any deduction would amount to less than 1 pence per week on the Applicant's service charge and we therefore consider it to be de minimis. However, we recommend that the Respondent clarifies the ownership prior to any future works being required.”
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.