MAN/00CZ/LSC/2023/0073 — service charge decision
In MAN/00CZ/LSC/2023/0073, decided 25 February 2025, the First-tier Tribunal considered 16 disputed service charge items at Apartment 5, The Old Chapel, 12 Bennett Street, Liversedge and found largely for the leaseholder: 16 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Apartment 5, The Old Chapel, 12 Bennett Street, Liversedge
Decision date: 25 February 2025
Full decision: Read on GOV.UK
Managing agent named in the decision: The Old Chapel RTM Company Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2017) | — | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Landlord could not evidence the cost |
| Management fees (2018) | — | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Landlord could not evidence the cost |
| Management fees (2021) | £750 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Management fees (2022) | £750 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2021) | £750 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Landlord could not evidence the cost |
| Buildings insurance (2022) | £750 | £0 | Disallowed entirely | Demand formally invalid, No Section 21B summary of rights, Landlord could not evidence the cost |
| Cleaning (2021) | £480 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Cleaning (2022) | £480 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Gardening & grounds (2021) | £300 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Gardening & grounds (2022) | £300 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Repairs & maintenance (2021) | £975 | £0 | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Repairs & maintenance (2022) | £975 | £0 | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Other charges (2021) | £620 | £0 | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Other charges (2022) | £620 | £0 | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid, No Section 21B summary of rights |
| Major works (2021) | — | £0 | Disallowed entirely | No Section 20 consultation |
| Legal & professional costs (2021) | £6,000 | £0 | Disallowed entirely | Landlord could not evidence the cost, Demand formally invalid |
Section 20C order: granted.
Key passages (verbatim)
“No account compliant with the lease terms has been served on the Applicant between 2017 and 2023 inclusive.”
“No account compliant with the lease terms has been served on the Applicant between 2017 and 2023 inclusive.”
“They include an annual management charge of £750 although it seems that there were no managing agents operating in these years.”
“They include an annual management charge of £750 although it seems that there were no managing agents operating in these years.”
“Buildings insurance is said to be £750 for the year.”
“Buildings insurance is said to be £750 for the year.”
“The Respondent has failed to prepare and serve certified annual service charge accounts in accordance with the lease terms. It has claimed contributions on account of costs which do not appear to have been incurred, without providing any balancing account or credit. It has failed in every year except 2023 to accompany service charge demands with the Summary required by regulation 2 of the 2007 Regulations. The Respondent has claimed full payment of contributions towards qualifying works as defined at section 20 of the 1985 Act without undertaking the statutory consultation procedure. It has not made any effort to deny or justify these failings in response to the present application.”
“The Respondent failed to comply with directions. After due warning, it was debarred from the proceedings.”
“I advised [Mr Shepherd] on the 8 March that we were resigning, with immediate effect, as accountants for the company…..I advised [the Respondent] in November 2022 that we did not have the experience or software to prepare the service charge accounts that you require. We do not act for any other RTM companies. Please address future queries to [Mr Shepherd] directly. He has not advised me who will be taking over the preparation of these accounts.”
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.