MAN/32UC/LSC/2021/0018 — service charge decision
In MAN/32UC/LSC/2021/0018, decided 15 December 2021, the First-tier Tribunal considered 25 disputed service charge items at 2, 14, 19, 24 and 25 Mablethorpe Park, Seaholme Road, Mablethorpe and reached a mixed result: 20 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 2, 14, 19, 24 and 25 Mablethorpe Park, Seaholme Road, Mablethorpe
Decision date: 15 December 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Pembroke Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2015) | £600 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2016) | £6 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2017) | £40 | — | Disallowed entirely | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018) | £2 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2018) | — | — | Disallowed entirely | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2018) | — | — | Allowed in full | — |
| Other charges (2019) | — | — | Disallowed entirely | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2019) | £600 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Administration charges (2019) | £216 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Legal & professional costs (2019) | — | — | Disallowed entirely | Not payable under the lease |
| Utilities (2019) | £10 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Administration charges (2019) | £206 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Management fees (2019) | £600 | — | Disallowed entirely | Not payable under the lease |
| Management fees (2019) | — | — | Allowed in full | — |
| Administration charges (2020) | £180 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Legal & professional costs (2020) | — | — | Disallowed entirely | Not payable under the lease |
| Utilities (2020) | £120 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Administration charges (2020) | £299 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Other charges (2021) | — | — | Reduced | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2021) | £180 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Utilities (2021) | £120 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Administration charges (2021) | £20 | — | Disallowed entirely | Duplication of charges, Not payable under the lease |
| Buildings insurance (2015) | — | — | Allowed in full | — |
| Repairs & maintenance (2015) | — | — | Allowed in full | — |
| Legal & professional costs (2015) | — | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“In 2015 the Respondent included in the service charge account a 'set up fee' of £600. This is an internal management expense not properly attributable to the Respondent's tenants, and not recoverable as a service charge.”
“Costs not identifiable as properly chargeable under the lease, however small, should not be included in the service charge account. The sums disallowed are: £6 in 2016”
“following the 2016 assessment the cost each year should have been limited to £40, and additional costs have therefore been removed from the service charge account.”
“Costs not identifiable as properly chargeable under the lease, however small, should not be included in the service charge account. The sums disallowed are: £2 in 2018”
“following the 2016 assessment the cost each year should have been limited to £40, and additional costs have therefore been removed from the service charge account.”
“The Tribunal does not accept the Applicants' claim that the Respondent failed to follow all correct section 20 consultation procedures before undertaking the major work… The Tribunal finds that the cost of this major work was correctly recovered by the Respondent through the service charge account.”
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.