Decision summary

BIR/00FY/LBC/2020/0006 — service charge decision

In BIR/00FY/LBC/2020/0006, decided 4 January 2021, the First-tier Tribunal considered 5 disputed service charge items at 32 Pasteur House, Ockbrook Drive, Nottingham and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: 32 Pasteur House, Ockbrook Drive, Nottingham
Decision date: 4 January 2021
Full decision: Read on GOV.UK

Managing agent named in the decision: Mapperley Property Management Limited.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges——Allowed in fullOther grounds
Other charges——Allowed in fullOther grounds
Other charges——Allowed in fullOther grounds
Other charges——Allowed in fullOther grounds
Buildings insurance——Disallowed entirelyLandlord could not evidence the cost

Key passages (verbatim)

“The Tribunal is satisfied the terms of Clause 8 Schedule 3 are plain. They require permission for any works carried out to the Flat. That the works did not alter the main walls of the Flat is irrelevant.”
On other charges
“The Tribunal is satisfied the work was undertaken without permission.”
On other charges
“The Tribunal is satisfied that no consent to subletting was given at any time and that the use permitted by the Respondent was a breach of clause 10.”
On other charges
“after 2018 the use was a breach of clause 26.”
On other charges
“The Tribunal is not satisfied with the evidence given in connection with the allegation and determines on the evidence that there is no breach of this covenant.”
On buildings insurance
“He suggests one of the new rooms was for storage 'specially for this pandemic' which had not started at the time of the work.”
Of Respondent

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.