MAN/00FA/LSC/2021/0046 — service charge decision
In MAN/00FA/LSC/2021/0046, decided 20 January 2023, the First-tier Tribunal considered 18 disputed service charge items at Flat 2, 295 Anlaby Road, Hull and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 2, 295 Anlaby Road, Hull
Decision date: 20 January 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Inspired Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2017-18) | — | £0 | Disallowed entirely | Demand formally invalid |
| Buildings insurance (2018-19) | — | £0 | Disallowed entirely | Demand formally invalid |
| Buildings insurance (2019-20) | — | £0 | Disallowed entirely | Demand formally invalid |
| Buildings insurance (2020-21) | — | £0 | Disallowed entirely | Demand formally invalid |
| Repairs & maintenance (2018-19) | £149.64 | £58.50 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2019-20) | £126 | £0 | conceded | Other grounds |
| Other charges (2020-21) | £126 | £0 | conceded | Other grounds |
| Legal & professional costs (2020-21) | £936 | £600 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-21) | £87 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2017-18) | £1,000 | £1,000 | Allowed in full | — |
| Repairs & maintenance (2017-18) | £876 | £876 | Allowed in full | — |
| Repairs & maintenance (2017-18) | £240 | £240 | Allowed in full | — |
| Utilities (2018-19) | £960.05 | £960.05 | Allowed in full | — |
| Reserve fund contributions (2017-18) | £800 | £800 | Allowed in full | — |
| Reserve fund contributions (2018-19) | £800 | £800 | Allowed in full | — |
| Reserve fund contributions (2019-20) | £800 | £800 | Allowed in full | — |
| Reserve fund contributions (2020-21) | £800 | £800 | Allowed in full | — |
| Administration charges (2020-21) | £252 | £252 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“They are not included in the annual service charge account which is certified by independent accountants as required by Schedule 8 paragraph 4 of the lease. They are not separately certified. The Applicant has therefore incurred no liability to pay insurance costs”
“They are not included in the annual service charge account which is certified by independent accountants as required by Schedule 8 paragraph 4 of the lease. They are not separately certified.”
“They are not included in the annual service charge account which is certified by independent accountants as required by Schedule 8 paragraph 4 of the lease. They are not separately certified.”
“They are not included in the annual service charge account which is certified by independent accountants as required by Schedule 8 paragraph 4 of the lease. They are not separately certified.”
“The tribunal finds that the situation did not justify an emergency or bank holiday attendance, and further that the mileage is not to be included. The cost should therefore be reduced from £149.64 to £58.50.”
“an invoice for further tests in 2020 (£126) was passed on to the leaseholders in each of the years ending 2020 and 2021. The Respondent has conceded that these are not payable.”
“the tribunal considers that had the property been well managed the managers would have ensured firstly that meter readings were taken to avoid repeated estimated charges and secondly that the supplier invoiced its charges regularly.”
“It appears that from about June 2019 the Respondent was in breach of its obligation to clean the interior of the premises”
“There is no indication that the managing agents undertook regular checks of the building, or otherwise ensured that it was being maintained in accordance with the lease.”
“several items which have been properly included in the service charge budget are there because of serious management failures in the past.”
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.