MAN/00EB/LSC/2022/0062 & 0065 — service charge decision
In MAN/00EB/LSC/2022/0062 & 0065, decided 26 May 2023, the First-tier Tribunal considered 7 disputed service charge items at 275 & 277 Raby Road, Hartlepool and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 275 & 277 Raby Road, Hartlepool
Decision date: 26 May 2023
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 |
|---|---|---|---|---|
| Other charges (2017-2022) | — | — | Allowed in full | — |
| Cleaning (2021) | £1,565.60 | £1,565.60 | Allowed in full | — |
| Cleaning (2022) | £1,570 | £1,570 | Allowed in full | — |
| Repairs & maintenance (2017) | £35.73 | £35.73 | Allowed in full | — |
| Repairs & maintenance (2018) | £295.49 | £295.49 | Allowed in full | — |
| Repairs & maintenance (2019) | £98.34 | £98.34 | Allowed in full | — |
| Repairs & maintenance (2020) | £24 | £24 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“We find that we are not persuaded that there are any elements of the Service Charge which should be disallowed. We find the Service Charge to be reasonable and payable in full.”
“Having inspected the Common Parts we do not find a charge of approximately £50 per fortnightly visit to be unreasonable... We are not persuaded that this sum is unreasonable, and we therefore determine that this element of the Service Charge is payable in full.”
“The 2022 Statement of Anticipated Service Charge Expenditure [page 208] has the budgeted figure for 2022 as £1570, to be apportioned at 12.5% per flat.”
“We considered the charges for repairs to the garages and note that these were £35.73 in 2017... We do not find these charges to be unreasonable when it is considered that they apply to 8 garages.”
“We do not find these charges to be unreasonable when it is considered that they apply to 8 garages. In our view even relatively new structures require occasional maintenance and repair to keep them in good order.”
“We note that Mrs Harnden has used inflammatory terminology such as 'fraudulent' to describe the conduct of the Respondent. We have very carefully considered the bundle of 305 pages, including the written submissions from both parties and the service charge accounts, demands and estimates. We have seen no evidence in the information provided to us that there has been anything fraudulent in the conduct of the Respondent.”
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.