BIR/41UE/LSC/2020/0005 — service charge decision
In BIR/41UE/LSC/2020/0005, decided 18 December 2020, the First-tier Tribunal considered 5 disputed service charge items at Tower Court/Trinity Court/Windsor Court, No 1 London Road, Newcastle-under-Lyme and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Tower Court/Trinity Court/Windsor Court, No 1 London Road, Newcastle-under-Lyme
Decision date: 18 December 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Ian Hollins / Clear Building Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2020-21) | £317,163.19 | £317,163.19 | Allowed in full | — |
| Other charges (2020-21) | — | £67,233.60 | Reduced | Works not necessary, Other grounds |
| Other charges (2020-21) | £67,500 | — | Disallowed entirely | No Section 20 consultation, Other grounds |
| Legal & professional costs (2020-21) | £55,351.10 | — | Disallowed entirely | Landlord could not evidence the cost, Other grounds |
| Other charges (2020-21) | — | — | Disallowed entirely | Not payable under the lease, Other grounds |
Key passages (verbatim)
“the total insurance premiums of £317,163.19 cannot be regarded as unreasonable... the sum of £317,163.19 is payable by the Respondents (in the proportions set out in the leases).”
“it would be reasonable for Mr Hollins to incur costs up to £67,233.60 (29 weeks from 16 September 2020 to 31 March 2021 at £2,318.40 per week).”
“it would be inappropriate at this stage to make any determination as to the reasonableness and payability of the costs claimed by Mr Hollins.”
“given the absence of a detailed breakdown of the listed fees, the Tribunal is of the view that a determination on the reasonableness and payability of those fees should await any challenge to the certified service charge costs for 2020/2021.”
“such a direction would permit Mr Hollins to incur and recover as yet unquantified costs and to bypass the statutory and contractual restrictions on their recoverability. The Tribunal cannot make such a direction.”
“such a direction would permit Mr Hollins to incur and recover as yet unquantified costs and to bypass the statutory and contractual restrictions on their recoverability. The Tribunal cannot make such a direction.”
“given the absence of a detailed breakdown of the listed fees, the Tribunal is of the view that a determination on the reasonableness and payability of those fees should await any challenge to the certified service charge costs for 2020/2021.”
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.