MAN/00CG/LSC/2022/0067 — service charge decision
In MAN/00CG/LSC/2022/0067, decided 23 August 2023, the First-tier Tribunal considered 18 disputed service charge items at Kelham Works, 4 Alma Road, Sheffield and reached a mixed result: 12 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Kelham Works, 4 Alma Road, Sheffield
Decision date: 23 August 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Fix1st Limited / Horizon (from Jan 2023).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2021) | £6,099.03 | £6,099.03 | Allowed in full | — |
| Utilities (2021) | £4,892.35 | £4,892.35 | Allowed in full | — |
| Repairs & maintenance (2021) | £5,484.60 | £5,484.60 | Allowed in full | — |
| Repairs & maintenance (2021) | £12,348 | £10,744 | Reduced | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Lifts (2021) | £312 | £312 | Allowed in full | — |
| Other charges (2021) | £1,800 | £1,575 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £3,787.74 | £2,461.74 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2021) | £2,412 | £2,111 | Reduced | Landlord could not evidence the cost |
| Other charges (2021) | £1,200 | £0 | Disallowed entirely | Duplication of charges |
| Other charges (2021) | £1,060.80 | £1,060.80 | Allowed in full | — |
| Cleaning (2021) | £18,564 | £6,400 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Cleaning (2021) | £768 | £768 | Allowed in full | — |
| Cleaning (2021) | £2,226 | £2,118 | Reduced | Landlord could not evidence the cost |
| Staffing & concierge (2021) | £11,130 | £9,743 | Reduced | Landlord could not evidence the cost |
| Staffing & concierge (2021) | £10,200 | £4,160 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £4,134 | £3,610 | Reduced | Landlord could not evidence the cost |
| Other charges (2021) | £1,380 | £1,208 | Reduced | Landlord could not evidence the cost |
| Management fees (2021) | £12,000 | £10,500 | Reduced | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“in the absence of further information the Tribunal has no basis on which to make any change to the amount charged.”
“it is not possible to calculate any alternative figure in the absence of further information and this cost is therefore accepted.”
“In the absence of further information, the Tribunal has no reason to adjust the amount charged.”
“The invoices supplied by Fix1st for the first three quarters of the year bear a VAT registration number but no VAT added to the sums charged… £10,744 is allowed.”
“This appears reasonable and has been accepted.”
“Fix1st charged £375 per quarter, adding VAT to the final quarter's charge. This totals £1,575, which is the amount allowed as no other invoice has been provided.”
“Maintenance work at the Property is carried out by the Respondent's associated company Fix1st, who invoiced all their repair costs in the last quarter of the year. No explanation of work done has been provided.”
“the Tribunal does not accept that the company was qualified to repair biomass boilers and considers that its charges for management of the boiler room are provided for elsewhere in the service charge account.”
“The Respondent has failed to explain and justify a number of the final charges in the 2021 service charge account. In view of the lack of information provided and a number of discrepancies in the accounts, the Applicants were right to apply to the Tribunal for a determination.”
“The Respondent chose not to comply with directions issued by the Tribunal and in due course was barred from making any representations in response to the applications.”
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.