MAN/00CY/LSC/2019/0102 — service charge decision
In MAN/00CY/LSC/2019/0102, decided 17 January 2021, the First-tier Tribunal considered 2 disputed service charge items at Apartments 34 and 48 Millroyd Mill, Brighouse HD6 1PB and found largely for the leaseholder: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Apartments 34 and 48 Millroyd Mill, Brighouse HD6 1PB
Decision date: 17 January 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Watson Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2019-20) | £76,203 | £54,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Insurance not market tested |
| Buildings insurance (2020) | £61,879 | £37,400 | Reduced | Costs unreasonably incurred (s19(1)(a)), Insurance not market tested |
Section 20C order: granted.
Key passages (verbatim)
“the amount payable within the service charges for the costs of the buildings insurance in respect of Apartments 1-129: for the period from 1 April 2019 to 31 March 2020 shall be limited to £54,000”
“for the 9-month period from 1 April 2020 to 31 December 2020 shall be limited to £37,400”
“The Tribunal finds that it is because MIMCL did not properly grasp that obligation Mrs Sollitt has been charged more for insurance than she could reasonably expect, and that as a consequence the excessive part of the charge was not reasonably incurred within the meaning of Section 19 of the 1985 Act and is not therefore payable.”
“The individual Apartment owners should not have to contribute a more expensive premium than is necessary without agreement and, if MIMCL, for its own reasons, nonetheless chooses to adopt a more expensive premium individual Underlease holders should not have to pay more than they would otherwise have had to pay.”
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.