BIR/41UK/LDC/2021/0024 — service charge decision
In BIR/41UK/LDC/2021/0024, decided 23 March 2022, the First-tier Tribunal considered 4 disputed service charge items at 80, 83, 84 & 85 Lichfield Street and 60 Sunset Close, Tamworth; 49 Sunset Close, Tamworth and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 80, 83, 84 & 85 Lichfield Street and 60 Sunset Close, Tamworth; 49 Sunset Close, Tamworth
Decision date: 23 March 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2021) | £5,164.02 | £4,426.08 | Reduced | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2021) | £5,245.11 | £4,495.58 | Reduced | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2021) | £5,555.88 | £4,761.94 | Reduced | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021) | £1,548.74 | £1,548.74 | Allowed in full | — |
Section 20C order: granted. Section 20ZA dispensation: conditional.
Key passages (verbatim)
“the roof works were not required when they were carried out... the service charge demands in respect of the roof works should be reduced by 14.29%”
“60 Sunset Close £5,245.11 Reduction for prejudice £749.53 Balance £4,495.58”
“49 Sunset Close £5,555.88 Reduction for prejudice £793.94 Balance £4,761.94”
“the Tribunal finds that these works are reasonable and payable as invoiced”
“The Tribunal does not accept this statement. The QW Notice was the first occasion upon which the Respondents were given an indication of the charges that were going to be levied. The QLTA Notices don't give any indication of this kind, only that wide-ranging works were be carried out to the Applicant's housing stock.”
“there was no evidence provided to the Tribunal of these survey notes. Nor was there was a record of any repairs to the blocks in question to repair roof leaks or other roof related problems.”
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.