MAN/30UF/LSC/2022/0057 — service charge decision
In MAN/30UF/LSC/2022/0057, decided 16 March 2023, the First-tier Tribunal considered 17 disputed service charge items at 22 Glen Eldon Road, Lytham St Anne's, Lancashire and found largely for the leaseholder: 15 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 22 Glen Eldon Road, Lytham St Anne's, Lancashire
Decision date: 16 March 2023
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2010) | £1,525 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Other charges (2011) | £25 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Repairs & maintenance (2012) | £37.50 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Repairs & maintenance (2013) | £1,257.50 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Repairs & maintenance (2015) | £1,020 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Repairs & maintenance (2017) | £87.50 | £0 | Disallowed entirely | No Section 21B summary of rights, Section 20B 18-month time limit |
| Other charges (no date) | £750 | £0 | Disallowed entirely | No Section 21B summary of rights |
| Other charges (2022) | £65 | £0 | Disallowed entirely | No Section 21B summary of rights, Not payable under the lease |
| Other charges (2022) | £43.80 | £0 | Disallowed entirely | No Section 21B summary of rights, Not payable under the lease |
| Repairs & maintenance (2021) | £1,437.50 | £250 | Reduced | Estoppel or prior agreement |
| Repairs & maintenance (2021) | £525 | £250 | Reduced | Estoppel or prior agreement |
| Other charges (2021) | £65 | £65 | Allowed in full | — |
| Major works (2021) | £5,600 | £250 | Reduced | Estoppel or prior agreement |
| Gardening & grounds (2013-2022) | £1,600 | £320 | Reduced | Estoppel or prior agreement |
| Buildings insurance (2022) | £1,683.22 | £420.81 | Reduced | Estoppel or prior agreement, Apportionment error |
| Other charges (2022) | £74.40 | £0 | Disallowed entirely | Not payable under the lease, No Section 21B summary of rights |
| Ground-rent-adjacent charges (2013-2022) | £200 | — | Withdrawn | Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“As neither the Demand, the Buildings Insurance Demand nor the Fire Safety Demand complied with the requirements of Section 21B, the starting point would be that the amount payable would ordinarily be nil”
“The Underlease is rudimentary in its drafting, even by the standards of legal drafting in the 1990s. There is no provision for annualised service charges or accounting periods, and so it is to be presumed that charges will be payable promptly and in full upon a valid demand being presented which complies with all legal requirements. The obligations of the Respondent, and the matters for which service charge demands may be made, are very limited and poorly defined.”
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.