MAN/00BU/LSC/2020/0072 — service charge decision
In MAN/00BU/LSC/2020/0072, decided 4 May 2021, the First-tier Tribunal considered 5 disputed service charge items at 9 Woodhouse Court, Davyhulme Road, Urmston, Manchester M41 7DH and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 9 Woodhouse Court, Davyhulme Road, Urmston, Manchester M41 7DH
Decision date: 4 May 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Revolution Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018) | — | £720 | Allowed in full | — |
| Reserve fund contributions (2019) | £653.49 | £509.92 | Reduced | Not payable under the lease |
| Administration charges (2019) | £80 | £0 | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2019) | — | £0 | Disallowed entirely | Not payable under the lease |
| Management fees (2018) | — | — | Allowed in full | — |
Key passages (verbatim)
“1 January 2018 to 31 December 2018 £720”
“The lease contains no provision... for the landlord to create a sinking fund... Mr Green conceded that that clause does not authorise recovery of monies towards a sinking fund.”
“Administration charges and interest are not payable under the terms of the Respondent's lease.”
“the lease does not require the Respondent to pay administration charges”
“In the absence of evidence to the contrary, the appointment of Revolution Property Management as the Applicant's managing agents was reasonable.”
“Their letter of 6 March 2019 states "you are contracted to pay legal costs under the terms of your lease." In fact the lease does not require the Respondent to pay administration charges or legal costs, save in respect of costs incurred by the landlord "in or in contemplation of any proceedings under Sections 146 and 147 of the Law of Property Act 1925".”
“until 2018 two directors of the Applicant attempted to carry out management duties including administration of the service charge account. Having failed to do so correctly over a number of years, in May 2018 the directors appointed Revolution Property Management as their managing agents. The arrears indicated on the Respondent's service charge account to 31 December 2017 amounting to some £3,600, were written off as unrecoverable.”
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.