MAN/00BZ/LSC/2021/0053 — service charge decision
In MAN/00BZ/LSC/2021/0053, decided 13 July 2023, the First-tier Tribunal considered 6 disputed service charge items at 6 Lee Close, Rainhill, Prescot, Merseyside, L35 0QT and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 6 Lee Close, Rainhill, Prescot, Merseyside, L35 0QT
Decision date: 13 July 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: HLM Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2020-2021) | £1,320.04 | £1,320.04 | Allowed in full | — |
| Other charges (2021-2022) | £3,000 | £3,000 | Allowed in full | — |
| Other charges (2022-2023) | £3,000 | £3,000 | Allowed in full | — |
| Other charges (2023-2024) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs | — | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Administration charges | — | £0 | Disallowed entirely | Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“The sum of £1320.040 is payable by the Applicant to the Respondent by way of service charge for the service charge financial year 2020-2021.”
“The sum of £3000.00 is payable by the Applicant to the Respondent by way of service charge for the service charge financial year 2021-2022.”
“The sum of £3000.00 is payable by the Applicant to the Respondent by way of service charge for the service charge financial year 2022-2023.”
“The Tribunal is unable to determine the amount payable by the Applicant to the Respondent by way of service charge for the service charge financial year 2023-2024.”
“Under Section 20C Landlord and Tenant Act 1985, no costs incurred by the Respondent in connection with these proceedings are to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicant.”
“Under the Commonhold and Leasehold Reform Act 2002, Schedule 11, Paragraph 5A, any liability of the Applicant to pay any administration charges is extinguished in respect of litigation costs relating to these proceedings.”
“the Respondent's wholesale failure to engage with the substance of the dispute until deep into the litigation is lamentable, to such an extent that it justifies an exceptional departure from the usual approach.”
“The Tribunal agrees that the Respondent largely seems to have hoped that the problem would go away of its own accord until it was far too late.”
“the Respondent's conduct in referring a genuinely disputed service charge account to debt recovery solicitors was particularly cavalier”
“the sinking fund for the Property has not been properly managed and the amount reserved to the sinking fund element of the recent service charge demands appears to be wholly inadequate”
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.