Consolidated list of unresolved matters and refund of service charges

[Eva Ip]

Draft reply to Beth's email focused on main points as discussed last Sunday.

(Fiona, pls copy RTA5759HDD; Christi...@taylorwimpey.com; Jenni...@taylorwimpey.com; Martin King; dan.toml...@parliament.uk; simon.t...@parliament.uk; Vicky Hirani)

Dear Beth

We refer to your email to our RTA dated 2 Jan 2026, to which we have given careful thoughts

Please note our replies in blue ink underneath your answers for your attention and actions.

1. Warranty Coverage 

None of the items queried – including temporary boiler hire, replacement boiler installation, fuel costs, and related call-outs – were covered under any warranty. 

 The two-year builder’s warranty provided by Taylor Wimpey does not extend to fuel costs or emergency call-outs. 

 The replacement boiler installed in April 2024 carried a manufacturer’s warranty for defects in materials and workmanship only, not for consequential costs such as fuel or ancillary repairs. 

Under Contract law there exists the concept of reasonable expectations which refer to the shared, objective assumptions parties hold when entering an agreement, used by courts to interpret intent, imply terms, and ensure fairness. Then there is also the concept of consequential losses arising from the primary loss/damage . 

As buyers moving into a brand new property covered by Taylor Wimpey's builder warranty for two years, it is well within our reasonable expectations that we would not need to pay for the repairs and/or replacements of major breakdowns in our fixtures and fittings, including the consequential costs (be they temporary boiler, consulting, installation, fuel or callout charges) that arose from such breakdowns. Let us remind FirstPort and Taylor Wimpey, that at the time of the signing of our lease, both FP and TW were silent about the fact that a major fixture, the communal boilers, to which our daily hot water and heating supply depend, were already over five years old. We were all given the impression that we were buying a brand new property complete with brand new fixtures and fittings covered by a reputable builder's two-year warranty. 

2. Developer Contributions 

Taylor Wimpey funded the procurement and installation of the temporary and replacement boilers. These contributions were applied to the accounts via offsetting mechanisms. Residents were not charged for the boiler units themselves. 

Although you keep repeating that Taylor Wimpey has paid for the replacement boilers, included in our total service charge under Plant & Machinery there was an amount of GBP21942 for the "replacement boiler", representing "procurement and installation" according to your Finance Department. If offset had indeed been applied, we should be able to see a reduction or credit of the same amount in one of the expenditures in our service charges. No such entry can be found either on the face of the accounts or in the S22 invoices you once sent us in November 2025.

 Fuel costs and certain maintenance items were outside the scope of the developer’s contribution and therefore remain part of the service charge expenditure. 

The additional fuel costs and maintenance items including call-out charges arose as a direct consequence of the collapse of the old boilers. We do not agree that such costs fall into the regular maintenance category for a brand new property.

3. Cost Allocation Adjustments

 We acknowledge that the historic 50/50 split between Millbrook Park 4A and 4C was not reasonable. A revised apportionment of 63% (Phase 4A) and 37% (Phase 4C) will be applied retrospectively in the 2025/26 accounts as a prior-year adjustment. This will ensure fairness and transparency going forward. To clarify, all apportionments are finalised as part of the audited year-end accounts. For the budget, we use an estimated figure based on the correct split, but adjustments can only be made once the accounts have been audited. This is to make sure everything is accurate and compliant. We’re not able to process credits/refunds outside of the audited accounts because doing so would compromise the reliability of the financial reporting process. Please be assured that the 37/63 allocation basis will be applied in the audited accounts, and any credit due will be reflected at that point. 

As a minimum, please acknowledge and agree in writing our calculations of the amount of the refund or credit of GBP15789. It was derived entirely from your signed accounts based on the revised 37/63 split.  

5. Next Steps / Please Note  

a) All adjustments will be reflected in the certified year-end accounts for 31 March 2026. 

Since the certified service accounts for the year ended 31 Mar 2026 will not be available before the advance service charge demand of 2026/2027, for our continuous assessment of the management of our building since 2022, it is critical:

- that you agree with our calculation of the minimum amount of refund/credit as per point 3 above;

- that we shall not be charged for late penalties due to the ongoing dispute surrounding the 2024/2025 plant and machinery costs and mis-allocation of charges between 55HDD and 57&59 HDD

- We await from TW their update of the exploration of the installation of a thermal tank to ensure we have sufficient hot water and heat for daily use.

RTA57&59HDD