BIR/00FN/LBC/2023/0002 — service charge decision
In BIR/00FN/LBC/2023/0002, decided 11 January 2024, the First-tier Tribunal considered 7 disputed service charge items at Flat 4, Madeleine House, Clarendon Park Road, Leicester and found largely for the landlord: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 4, Madeleine House, Clarendon Park Road, Leicester
Decision date: 11 January 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Block Property Solutions.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Allowed in full | — |
| Legal & professional costs | £907.50 | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
Key passages (verbatim)
“The Tribunal therefore determines that the Respondent is in breach of the covenant in clause 5.1. and clause 5.3.1.”
“The Tribunal determines that by accepting a liability to pay costs, but in not paying them, the Respondent has been in breach of these covenants up until the date that the Respondent offered to pay them.”
“The Tribunal determines that this is an underlet of the lease of this property from the Respondent to Property Malak Limited and is a breach of clause 5.15.2.”
“The Tribunal is not satisfied that the Respondent has breached the covenant created in clause 5.17 and clause 5.21 of the lease.”
“notice of the assignment was not given to the Applicant's solicitor until 50 days after the assignment took place. Further there was no payment of reasonable solicitor's fees or an offer to £50, as required by the clause. The Respondent is in breach of this covenant.”
“The Tribunal determines that the Respondent has acted in breach of the covenant created in clause 5.27.”
“Unfortunately the bundle does not have an index and is not paginated. This will make reference to individual pages within the bundle more difficult than it would otherwise have been.”
“Unfortunately the bundle does not have an index and is not paginated. This will make reference to individual pages within the bundle more difficult than it would otherwise have been.”
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.