BIR/44UB/LIS/2022/0003 — service charge decision
In BIR/44UB/LIS/2022/0003, decided 7 November 2022, the First-tier Tribunal considered 12 disputed service charge items at The Mews and The Cottage, St Pauls House, Coleshill, Birmingham and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: The Mews and The Cottage, St Pauls House, Coleshill, Birmingham
Decision date: 7 November 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Michael Plomer-Roberts trading as Michael Roberts Property.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2015-2016) | £1,800 | £1,800 | Allowed in full | — |
| Other charges (2016-2017) | £1,800 | £1,800 | Allowed in full | — |
| Other charges (2017-2018) | £1,800 | £1,800 | Allowed in full | — |
| Other charges (2018-2019) | £1,800 | £1,800 | Allowed in full | — |
| Other charges (2019-2020) | £1,800 | £1,574.20 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-2021) | £1,800 | £1,800 | Allowed in full | — |
| Utilities (2020-2021) | £9,393.96 | £0 | Disallowed entirely | Not payable under the lease |
| Utilities (2018-2019) | £679.35 | £0 | Disallowed entirely | Not payable under the lease |
| Utilities (2017-2018) | £679.35 | £0 | Disallowed entirely | Not payable under the lease |
| Major works (2018-2019) | — | £3,862.48 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2020-2021) | £220.71 | £220.71 | Allowed in full | — |
| Buildings insurance (2021-2022) | £200.78 | £200.78 | Allowed in full | — |
Section 20C order: conditional.
Key passages (verbatim)
“the demands sent out were, as per the Respondent's evidence accompanied by the relevant statement of tenants rights”
“2016-2017 £1,800 £1,800”
“2017-2018 £1,800 £1,800”
“2018-2019 £1,800 £1,800”
“we reduce the sums recoverable under one of the invoices for service charge year 2018-2020 to £1,574.20, as the actual calculation based on the expenses relied upon by the Respondent resulted in a figure of that amount, not £1,800 as claimed”
“2020-2021 £1,800 £1,800”
“The Tribunal raised its concern that the evidence provided by Mr Gregory dated 18 July 2022 appeared to go beyond the permission given by the directions of 20 June 2022.”
“Dr Tromans was essentially handicapped because there was no evidence for her client addressing these specific issues, which was perhaps unsurprising, given that they were raised only in the second witness statement of Mr Gregory dated 18 July 2022.”
“it was apparent at the outset of that hearing that it was inappropriate to proceed on the basis that a substantial number of the documents that had been directed to be provided, had not been so provided”
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.