MAN/00BY/LBC/2022/0011 — service charge decision
In MAN/00BY/LBC/2022/0011, decided 4 May 2023, the First-tier Tribunal considered 6 disputed service charge items at Flat 1, 10 Longmoor Lane, Liverpool L9 0EF and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 1, 10 Longmoor Lane, Liverpool L9 0EF
Decision date: 4 May 2023
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Other grounds |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Other grounds |
| Other charges | — | — | Allowed in full | — |
Key passages (verbatim)
“The covenant at clause 2(1) of the lease does however require that there has been a demand for that rent. The Applicant supplied copies of demands going back to 2016. On the evidence submitted those demands have not been met and there is a breach of covenant.”
“It is however a condition of the lease that the tenant is in breach of the covenant only if he fails to make good and repair within two months of being required to do so in writing. There is no such evidence of this requirement having been notified in writing and the breach cannot be established.”
“Unlike the covenant in clause 2(6) there is no prerequisite for written notice to be given to ensure compliance… a failure to comply with its requirements has been established.”
“The Tribunal is satisfied that this is in contravention of the covenant within the lease. The evidence suggests that the work was done by a developer of the property prior to the assignment of the lease to the Respondent.”
“the internal works to the flat, without alterations to the exterior of the premises may breach certain regulatory requirements relating to building regulation but they are not such as to contravene planning requirements and this covenant has not been breached.”
“the Tribunal is satisfied from the inspection it carried out that this cleaning has not been carried out for a considerable period of time. Unlike the covenant relating to repair there is no requirement of prior notice to the tenant and this breach is established.”
“the document he suggested was a draft of a letter before action appeared to relate to entirely different parties and an entirely different property.”
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.