BIR/44UB/LIS/2023/0002 — service charge decision
In BIR/44UB/LIS/2023/0002, decided 21 November 2023, the First-tier Tribunal considered 39 disputed service charge items at Charles Wills Court, Coleshill Road, Atherstone CV9 1BT and reached a mixed result: 21 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Charles Wills Court, Coleshill Road, Atherstone CV9 1BT
Decision date: 21 November 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Gateway Property Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2019) | £684 | £600 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2019) | £5,091 | £2,520 | Reduced | Fee excessive for service delivered |
| Management fees (2020) | £5,396 | £2,520 | Reduced | Fee excessive for service delivered |
| Management fees (2021) | £2,592 | £2,592 | Allowed in full | — |
| Management fees (2022) | £2,592 | £2,592 | Allowed in full | — |
| Other charges (2019) | £342 | £288 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £360 | £288 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £360 | £288 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022) | £432 | £288 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2019) | £379 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2020) | £216 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2019) | £1,200 | £1,200 | Allowed in full | — |
| Utilities (2019) | £5,425 | £5,425 | Allowed in full | — |
| Utilities (2020) | £-7,277 | £-7,277 | Allowed in full | — |
| Utilities (2021) | £-361 | £-361 | Allowed in full | — |
| Utilities (2022) | £597 | £597 | Allowed in full | — |
| Repairs & maintenance (2019) | £180 | £180 | Allowed in full | — |
| Repairs & maintenance (2019) | £156 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Duplication of charges |
| Repairs & maintenance (2020) | £1,032 | £1,132 | Allowed in full | — |
| Repairs & maintenance (2021) | £420 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2019) | £2,928 | £2,928 | Allowed in full | — |
| Buildings insurance (2020) | £3,160 | £3,160 | Allowed in full | — |
| Buildings insurance (2021) | £3,455 | £3,455 | Allowed in full | — |
| Buildings insurance (2022) | £3,806 | £3,806 | Allowed in full | — |
| Other charges (2019) | £756 | £636 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £780 | £650 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £803 | £670 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022) | £827 | £690 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019) | £330 | £165 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019) | £144 | £40 | Reduced | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Repairs & maintenance (2020) | £348 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | — | — | Allowed in full | — |
| Other charges (2020) | £120 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021) | £300 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £432 | £432 | Allowed in full | — |
| Repairs & maintenance (2022) | £1,164 | £1,164 | Allowed in full | — |
| Repairs & maintenance (2022) | £180 | £180 | Allowed in full | — |
| Repairs & maintenance (2022) | £343.20 | £150 | Reduced | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Other charges (2023) | £15,005 | £15,005 | Allowed in full | — |
Key passages (verbatim)
“The parties agreed that this annual cost would be reduced to £600.00.”
“Mrs Coleman agreed to limit management fees to £175.00 plus VAT per flat for 2019 and 2020 (i.e., £2,520 per annum).”
“Mrs Coleman agreed to limit management fees to £175.00 plus VAT per flat for 2019 and 2020 (i.e., £2,520 per annum).”
“The Applicants did not challenge the management fees for 2021 and 2022 at £180.00 plus VAT (i.e., £2,592 per annum).”
“The Applicants did not challenge the management fees for 2021 and 2022 at £180.00 plus VAT (i.e., £2,592 per annum).”
“Mrs Coleman conceded that, so limiting the annual charge to £288.00 for the years in dispute.”
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.