MAN/00CH/LSC/2019/0095 — service charge decision
In MAN/00CH/LSC/2019/0095, decided 21 October 2024, the First-tier Tribunal considered 8 disputed service charge items at Flats 1, 2 and 4 The Warehouse, Well Lane, Low Fell, Gateshead, Tyne & Wear and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1, 2 and 4 The Warehouse, Well Lane, Low Fell, Gateshead, Tyne & Wear
Decision date: 21 October 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Kingston Property Services Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Utilities (2018) | £2,802.40 | £2,802.40 | Allowed in full | — |
| Repairs & maintenance (2018) | £4,393.95 | £4,393.95 | Allowed in full | — |
| Legal & professional costs (2018) | £4,218.62 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Reserve fund contributions (2019) | £30,000 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Administration charges (2019) | £984 | — | Reduced | Other grounds |
| Reserve fund contributions (2021) | £20,000 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Reserve fund contributions (2022) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Administration charges (2018) | £90 | £90 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal determined that the charge of £2,802.40 was reasonably incurred and reasonable in amount.”
“The Tribunal determined that the charge of £4,393.95 was reasonably incurred and reasonable in amount.”
“we found that the actual sums incurred regarding the claim against the Adjoining owners … were not reasonable in amount. We determined that the recoverable costs net of VAT should be limited to two-thirds of the sums invoiced by JBL to the Respondent.”
“The Tribunal found it reasonable to apply the finding to the actual costs of 2018 and those recovered from the reserve fund in 2019 – 2021 (inclusive).”
“any charges raised to the Applicants regarding their withholding of service charge payments were not reasonable in amount.”
“The Tribunal found it reasonable to apply the finding to the actual costs of 2018 and those recovered from the reserve fund in 2019 – 2021 (inclusive).”
“The Tribunal found the Respondent to be somewhat opaque in its explanation of legal costs.”
“We had no doubt that JBL had invoiced accurately, but the narratives on its invoices were short and gave no detail of exact amounts of time which had been involved and how it had been split between grades of fee-earners.”
“It was because the Respondent did not provide detail regarding the work of its Solicitors that the Tribunal found the amounts to be unjustified as to their entirety.”
“It appears to the Tribunal imperative that a resolution of the claim regarding the Adjacent property is reached without further delay and expense.”
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.