MAN/36UG/LSC/2022/0115 — service charge decision
In MAN/36UG/LSC/2022/0115, decided 25 May 2023, the First-tier Tribunal considered 5 disputed service charge items at 21 Chapel Court, West Avenue, Filey and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 21 Chapel Court, West Avenue, Filey
Decision date: 25 May 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: First Port Retirement Property Services.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2021-22) | — | £300 | Reduced | Fee excessive for service delivered, Other grounds |
| Management fees (2022-23) | — | £300 | Reduced | Fee excessive for service delivered, Other grounds |
| Other charges (2021-22) | — | — | Allowed in full | — |
| Reserve fund contributions (2021-22) | — | — | Allowed in full | — |
| Administration charges (2022-23) | £80 | £80 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“The management fees are already high (£494 per flat in 2022 and £523 per flat currently) especially in view of the additional salary paid to the part time manager. The management failure should be reflected in a substantial reduction in the Applicant's contribution to the managing agents' fee for the two service charge years affected by the disrepair in the lounge.”
“The management fee contribution (one thirty fifth) payable by the Applicant in the year ending 31 August 2023 shall be reduced to £300.”
“The Applicant has not given sufficient grounds for disputing the 10 items listed at paragraph 2 above, to require the Respondent to justify them. None of them suggest to the Tribunal that the Applicant is being over-charged.”
“First Port are entitled to establish a sufficient fund to meet future decorating and repair costs. The auditor's note to the service charge account confirms that these funds are being held for that purpose in a designated Barclays Bank account.”
“The lease requires the Applicant to pay service charges without deduction. Payment should not have been withheld pending this determination, and the administration fee is therefore payable.”
“A much greater effort should have been made to ensure that the communal lounge was made fully available to the residents as quickly as possible. This is considered to be a management failure.”
“The Respondent has not produced copy invoices or other documentation to justify the disputed service charges, instead relying on its argument that the Applicant has not provided any evidence to support his claim that the service charges are excessive.”
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.