MAN/00EC/LSC/2021/0036 — service charge decision
In MAN/00EC/LSC/2021/0036, decided 5 August 2022, the First-tier Tribunal considered 10 disputed service charge items at 51 & 57 Roseberry Mews, Guisborough Road, Nunthorpe and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 51 & 57 Roseberry Mews, Guisborough Road, Nunthorpe
Decision date: 5 August 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Residential Management Group Ltd (RMG).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018-19) | £11,985 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2019-20) | £12,282 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2018-19) | £111.07 | £111.07 | Allowed in full | — |
| Staffing & concierge (2019-20) | £28,230 | £21,699.32 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Staffing & concierge (2020-21) | £1,087 | £808.19 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2020-21) | £6,859 | £3,218 | Reduced | Other grounds |
| Legal & professional costs (2019-20) | £1,932 | £1,932 | Allowed in full | — |
| Legal & professional costs (2020-21) | £500 | £500 | Allowed in full | — |
| Repairs & maintenance (2019-20) | £261.02 | £261.02 | Allowed in full | — |
| Utilities (2020-21) | £122 | £122 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the amounts claimed by the Respondents for staff accommodation are not recoverable as service charges under the Leases and that nothing is payable by the Applicants in this regard for either of the years in dispute.”
“we conclude that the amounts claimed by the Respondents for staff accommodation are not recoverable as service charges under the Leases and that nothing is payable by the Applicants in this regard for either of the years in dispute.”
“the amount is not out of line with the Council Tax Charges for Staff Accommodation at the building and is supported by the invoices provided … £111.07 is payable for the 2018/19 service charge year.”
“the Tribunal determines a total Staff Wages figure payable for the service charge year 2019/20 of £21,699.32.”
“allow the pro-rated amount of £808.19 for the 15 day period. The amount payable for the year 2021/21 for staff wages is £808.19.”
“The Tribunal noted that the amount payable for the service charge year 2020/21 is agreed at £3,218.”
“The discrepancy between this amount and the amount charged of £1,710.89 is not explained by the Respondent.”
“The Respondent was unable to disclose the salary of the Development Manager during the relevant service charge periods, submitting that GDPR would prohibit them from doing so.”
“The Tribunal was not provided with an acceptable explanation and reconciliation of the water charges to make a determination”
“it was acknowledged that the amount claimed by the original landlord 12 years ago has simply been carried forward from year to year without critical analysis, and it is not known how the original amount was ascertained anyway. The Respondents do not have evidence of present comparable market values”
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.