MAN/36UD/LBC/2022/0006 — service charge decision
In MAN/36UD/LBC/2022/0006, decided 12 October 2022, the First-tier Tribunal considered 5 disputed service charge items at Flat 1, Dunorlan, 2 Park Road, Harrogate HG2 9AZ and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 1, Dunorlan, 2 Park Road, Harrogate HG2 9AZ
Decision date: 12 October 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Other grounds |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“The Tribunal is satisfied from the evidence before it that a breach of Clause 3(f) of the lease has occurred.”
“The Lessor was not permitted to undertake its inspection which the Tribunal determines was a breach of Clause 3(g) of the lease.”
“The Tribunal is satisfied from the evidence before it that a breach of clauses 3(d), 3(f), 3(i) and paragraph 10 of Schedule 3 to the Lease has occurred.”
“the Tribunal considers the minutes of the Lessors' Annual General Meeting which resolved that 'written approval to provide treatments from the property' was to be issued, to be 'consent in writing' and hence determines that no breach has occurred.”
“There is no requirement within the lease for the Respondent to improve the entrance door or glass dome nor to carry out any material alternations.”
“The Tribunal has not had the benefit of an inspection of the property however it is not entirely clear to the Tribunal why a 30 minute escape route is required within the building which already benefits from an external fire escape.”
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.