MAN/00CA/LSC/2019/0085 — service charge decision
In MAN/00CA/LSC/2019/0085, decided 4 January 2021, the First-tier Tribunal considered 4 disputed service charge items at Flat 4, 59-61 Queens Road, Southport and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 4, 59-61 Queens Road, Southport
Decision date: 4 January 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2018) | — | — | Allowed in full | — |
| Repairs & maintenance (2018) | £3,000 | £1,800 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2018) | £404.47 | £276.97 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Legal & professional costs (2019) | £2,634.30 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“these are reasonably incurred at reasonable cost (including the very small excess over the contract price, as explained by the additional rubbish disposal). The Applicant admits as much and has done so from the outset.”
“an amount of £1,800.00, including VAT, is reasonable. This is based upon Mr Butterworth's costings (Mr Lenaghan does not provide any) with a reasonable amount for overruns and contingencies.”
“the Tribunal is not satisfied on balance that the £127.50 in question is properly attributable to services reasonably incurred at reasonable cost.”
“the Tribunal is of the belief that against the background that has been set out they were not reasonable. To take the steps they did at the time they did, was not appropriate.”
“The Tribunal is of the view that the situation could have been explained very easily in a few sentences as to how the pay the payments were requested and made, together with how the Applicant was clearly indemnified against any further claim upon his resources.”
“Record-keeping and Book-keeping appear to such that what amounted to a reasonable enquiry begins to uncover the unusual paper trail involving two contractors, a lack of invoices matching how they wished to be paid and a peculiar manner in which Nationwide Building Society deal with internal transactions.”
“If this is generous to the Respondents, then they may count themselves fortunate.”
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.