MAN/16UC/LSC/2021/0012 and 0015 — service charge decision
In MAN/16UC/LSC/2021/0012 and 0015, decided 22 July 2022, the First-tier Tribunal considered 25 disputed service charge items at Various flats at 1-9 Schooner Street, Barrow in Furness; 2-12 Steamer Street (Including 1 & 13 Island Road), Barrow in Furness and reached a mixed result: 15 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Various flats at 1-9 Schooner Street, Barrow in Furness; 2-12 Steamer Street (Including 1 & 13 Island Road), Barrow in Furness
Decision date: 22 July 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Regent PM Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2017-2020) | — | — | Allowed in full | — |
| Cleaning (2017-2018) | — | — | Allowed in full | — |
| Other charges (2017-2020) | — | — | Allowed in full | — |
| Other charges (2017-2019) | — | — | Allowed in full | — |
| Other charges (2019-2021) | — | — | Allowed in full | — |
| Reserve fund contributions (2017-2021) | — | — | Allowed in full | — |
| Repairs & maintenance (2020) | — | — | Allowed in full | — |
| Legal & professional costs (2017) | £15,405 | — | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2017) | £48 | £48 | Allowed in full | — |
| Legal & professional costs (2017) | £9,150.95 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £1,440 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £4,299.30 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2017) | £4,057.98 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2019) | £2,716.38 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2019) | £1,879.86 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Management fees (2017-2018) | — | £13,050 | Reduced | Fee excessive for service delivered |
| Management fees (2019-2020) | — | £13,920 | Reduced | Fee excessive for service delivered |
| Management fees (2020) | — | £1,950 | Allowed in full | — |
| Management fees (2019) | — | £726.56 | Allowed in full | — |
| Management fees (2021) | £32,000 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Other charges (2021) | £10,800 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2021) | £10,000 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £130,000 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2021) | £28,000 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Staffing & concierge (2021) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Key passages (verbatim)
“The Applicant indicates that they have been examined by the auditor and are actual charges payable to a third party. They do not appear to be unreasonable in relation to the funds to which they relate.”
“the amounts actually charged, when broken down as above and bearing in mind the nature of the stairways and courtyards open to the elements, are not unreasonable over the period for which the charges are made.”
“the charges are reasonable in the circumstances in which they were incurred.”
“the service was provided, in those years in which a charge is made, and use was made of it by occupiers … that which was provided was reasonable.”
“It was a right and proper decision to make provision, expensive though it may have been, to try to lessen the extent and impact of such behaviour … the costs were reasonable.”
“The Tribunal is satisfied that the charges levied are reasonable in the circumstances. Indeed, the experience of the Tribunal would suggest that the amounts in question may be low.”
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.