BIR/47UC/LIS/2023/0011 — service charge decision
In BIR/47UC/LIS/2023/0011, decided 4 November 2024, the First-tier Tribunal considered 7 disputed service charge items at Flats 15, 16 and 17 Leamington Court, Wells Road, Malvern, WR14 4HF and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 15, 16 and 17 Leamington Court, Wells Road, Malvern, WR14 4HF
Decision date: 4 November 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2018/19) | £1,200 | £1,200 | Allowed in full | — |
| Legal & professional costs (2020/21) | £900 | £0 | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2020/21) | £600 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance | £1,549.71 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | — |
| Reserve fund contributions | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the sum of £1,200.00 was reasonable and payable as part of the service charge”
“costs of invoices for £900.00 [424] and £600.00 [566] did not fall within the provisions of paragraph 10 of the Seventh Schedule and were not payable as part of the service charge”
“costs of invoices for £900.00 [424] and £600.00 [566] did not fall within the provisions of paragraph 10 of the Seventh Schedule and were not payable as part of the service charge”
“the Tribunal accepts that this insurance may be prudent, it finds that the costs £1,549.71 should have been borne by the members of the Respondent company, not as part of the service charge”
“the Tribunal finds that the cost of the works carried out by MWE Ltd, together with the invoices relating to the subsequent service and maintenance of the system, are reasonable and payable as part of the service charge”
“the Tribunal is satisfied that the provisions of the lease do provide for payments to be made on account and allow for the provision of a reserve fund”
“The Tribunal considers that it would be improbable that such legal advice would need to be given in relation to general correspondence relating to the management of the Estate, especially when the Applicant is one of the members of the freehold Respondent company and would likely be entitled to such general information.”
“Although the Seventh Schedule of the Original Leases provides for buildings insurance and public liability insurance (paragraph 2) there is no such provision for insurance for directors or legal costs. Such insurance is also not covered under paragraph 10 of the Seventh Schedule.”
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.