MAN/00BY/LSC/2023/0070 — service charge decision

“They nevertheless fall within the ambit of paragraph 5 to the lease as being costs that are recoverable as part of the annual maintenance costs, including door entry systems as being part of the entrance ways.”

“The nature of the costs incurred suggest that to incur them was reasonable and that work has been to a reasonable standard.”

“Irrespective of whether the Applicant has any direct benefit from the provision of some of those services and clearly she does not, it is still necessary to assess if they fall within terms of the lease as services that the Respondent supplies and for which the Applicant should pay. The Tribunal is happy that they do.”

“Such staffing is commensurate with the size of the development and the amounts involved represent a reasonable cost for the staffing input provided.”

“Has the Respondent provided management to the development? Yes. Is it proper to charge for this? Yes, the lease allows it. Is the cost, year on year reasonable for what is done?... There is nothing here to suggest otherwise.”

“provision of light and heat to common parts they would appear to be costs from which the Applicant gains no direct benefit. They nevertheless fall within the ambit of paragraph 5 to the lease”

“It may be the case that the manner in which entries are made onto the accounting system used by the Respondent does not lend itself to an easy and clear analysis as to whether the expenditure relates to the obligations imposed on the Respondent by the lease and that they relate to common parts and common areas, rather than being within leaseholders' premises.”

“Whilst the Respondent may wish to reflect upon the nature of the entries themselves”

“This led to an unfortunate situation where the Applicant had waited in anticipation of a more personal visit from the Tribunal which never materialised.”