Decision summary

MAN/36UG/LSC/2022/0004 — service charge decision

In MAN/36UG/LSC/2022/0004, decided 23 January 2023, the First-tier Tribunal considered 7 disputed service charge items at Kenwood House, 83-85 Queen's Parade, Scarborough, North Yorkshire, YO12 7HH and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Kenwood House, 83-85 Queen's Parade, Scarborough, North Yorkshire, YO12 7HH
Decision date: 23 January 2023
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges (2018)£718.14£718.14Allowed in full—
Other charges (2019)£714.41£714.41Allowed in full—
Other charges (2020)£750.55£750.55Allowed in full—
Other charges (2021)£730.57£730.57Allowed in full—
Other charges (2022)£822.78£822.78Allowed in full—
Major works (2018)£661.95—Disallowed entirelyDemand formally invalid
Major works (2020)£769.12—Disallowed entirelyDemand formally invalid

Key passages (verbatim)

“we consider the budget to be reasonable, to be properly demanded in accordance with the terms of the Lease and to be payable by the Respondent on 1 January in each of the years 2018-2022”
On other charges
“we consider the budget to be reasonable, to be properly demanded in accordance with the terms of the Lease and to be payable by the Respondent on 1 January in each of the years 2018-2022”
On other charges
“we consider the budget to be reasonable, to be properly demanded in accordance with the terms of the Lease and to be payable by the Respondent on 1 January in each of the years 2018-2022”
On other charges
“we consider the budget to be reasonable, to be properly demanded in accordance with the terms of the Lease and to be payable by the Respondent on 1 January in each of the years 2018-2022”
On other charges
“we consider the budget to be reasonable, to be properly demanded in accordance with the terms of the Lease and to be payable by the Respondent on 1 January in each of the years 2018-2022”
On other charges
“we make no finding as to the reasonableness and payability of the items in Column 2 of the table above, as in our view they have not as yet been correctly demanded.”
On major works
“It is clear from the documentation that notwithstanding the clarification set out in the previous Tribunal decision, the Lease has not been administered in the manner set out in the Lease – or if it has, the information to support this has not been provided to the Tribunal.”
Of Applicant (RTM Company / managing agents)
“This stage is entirely missing from the information provided to the Tribunal.”
Of Applicant (RTM Company / managing agents)

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.