BIR/41UK/LIS/2021/0035 — service charge decision
In BIR/41UK/LIS/2021/0035, 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, Other grounds |
| Major works (2021) | £5,245.11 | £4,495.58 | Reduced | Works not necessary, Other grounds |
| Major works (2021) | £5,555.88 | £4,761.94 | Reduced | Works not necessary, Other grounds |
| Repairs & maintenance (2021) | £1,548.74 | £1,548.74 | Allowed in full | — |
Section 20C order: granted. Section 20ZA dispensation: conditional.
Key passages (verbatim)
“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.”
“Whilst Mr Weston, stated that one of the Applicant's own surveyors inspected each block before the works, 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.”
“would a reasonable landlord replace, what in the absence of evidence relating to repairs or defects, the Tribunal must consider was a roof in reasonable condition with a significant life span remaining? The Tribunal thinks not.”
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.