MAN/00CA/LSC/2019/0039 — service charge decision
In MAN/00CA/LSC/2019/0039, decided 4 February 2021, the First-tier Tribunal considered 9 disputed service charge items at 6 Burbo Mansions, Burbo Bank Road South, Blundellsands, Liverpool and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 6 Burbo Mansions, Burbo Bank Road South, Blundellsands, Liverpool
Decision date: 4 February 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Mainstay Residential Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2016) | — | — | Allowed in full | — |
| Utilities (2016) | — | — | Allowed in full | — |
| Management fees (2016) | — | — | Allowed in full | — |
| Legal & professional costs (2016) | — | — | Allowed in full | — |
| Repairs & maintenance (2017) | — | — | Allowed in full | — |
| Repairs & maintenance (2017) | — | — | Allowed in full | — |
| Repairs & maintenance (2017) | — | — | Allowed in full | — |
| Buildings insurance (2017) | — | — | Allowed in full | — |
| Other charges (2018) | — | — | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“The Tribunal allows all of the items in 2016, 2017 and 2018 and rejects the challenges made by the Respondents.”
“The objections lack substance and come back to the issue of documentation which the Tribunal has dealt with above.”
“The 2016 Mainstay invoice covered work that was outside the scope of the agent's contract.”
“The Accountant's certificates were prepared, and they are entitled to be paid.”
“The 2017 claims relating to repairs were under the insurance excess.”
“The 2017 claims relating to repairs were under the insurance excess.”
“The Respondents have adopted a litigious approach in all their dealings with the Applicant. They have been respondents and not applicants in each of the three sets of tribunal proceedings. They have chosen to withhold payment and not to use the legal processes available to challenge service charge claims.”
“Mediation requires good will and a willingness to compromise on both sides, qualities which the Respondents have failed to demonstrate.”
“Many of the issues raised in the present proceedings were considered in 2014 but the Respondents failed to heed the outcome and their understanding of the decision is misconceived.”
“The Tribunal finds that it is the effects of the Respondents' conduct which have significantly raised costs related to the dispute.”
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.