MAN/OODA/LSC/2022/0093 — service charge decision
In MAN/OODA/LSC/2022/0093, decided 23 August 2023, the First-tier Tribunal considered 8 disputed service charge items at Flat 1, 232 Harehills Avenue, Leeds, LS8 4HX and reached a mixed result: 8 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 1, 232 Harehills Avenue, Leeds, LS8 4HX
Decision date: 23 August 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Blue Property Management UK Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2017/2018) | — | — | Reduced | Fee excessive for service delivered, Demand formally invalid |
| Management fees (2018/2019) | — | — | Reduced | Fee excessive for service delivered, Demand formally invalid |
| Management fees (2019/2020) | — | — | Reduced | Fee excessive for service delivered |
| Repairs & maintenance (2019/2020) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2020/2021) | — | — | Reduced | Fee excessive for service delivered, Demand formally invalid |
| Management fees (2021/2022) | — | — | Reduced | Fee excessive for service delivered, Demand formally invalid |
| Management fees (2022/2023) | — | — | Reduced | Fee excessive for service delivered |
| Legal & professional costs (2022/2023) | £5,192.79 | £0 | Disallowed entirely | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“service charges are not payable until a demand compliant with s21B Landlord and Tenant Act 1985 has been served upon the Applicant. The Tribunal finds that overall the service charges are reasonable, save that management fees shall be reduced by 20%.”
“service charges are not payable until a demand compliant with s21B Landlord and Tenant Act 1985 has been served upon the Applicant. The Tribunal finds that overall the service charges are reasonable, save that management fees shall be reduced by 20%.”
“The Tribunal finds that overall the service charges are reasonable, save that management fees shall be reduced by 20%”
“a reduction of £15.75 for the Respondent's contribution to the plastic mail boxes in the hallway”
“service charges are not payable until a demand compliant with s21B Landlord and Tenant Act 1985 has been served upon the Applicant. The Tribunal finds that overall the service charges are reasonable, save that management fees shall be reduced by 20%.”
“service charges are not payable until a demand compliant with s21B Landlord and Tenant Act 1985 has been served upon the Applicant. The Tribunal finds that overall the service charges are reasonable, save that management fees shall be reduced by 20%.”
“It was clear to the Tribunal that the Applicant had not communicated well with leaseholders at the Property, and this had led to confusion of what was due, which in turn resulted in the Respondent refusing to pay her service charge, frustrated by the lack of information she was provided.”
“As well as poor communication there has been very little, if any, forward planning and effective management of the property, resulting in it not being compliant with fire safety, and showing signs of serious deterioration. This has become a vicious circle of mistrust between the parties, with the leaseholders refusing to pay, and the managing agents using debt collection and threats of court action rather than management and communication.”
“The failure to carry out fire safety works despite the national awareness of the Grenfell fire in this property is a very serious failure in management.”
“if the Applicant's management company had put as much effort into their communications in relation to their accounting method/answering queries, and the management of their service, as they did to their debt chasing methods, the matter might have been resolved without the need for legal action.”
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.