LON/00AB/LSC/2019/0437 — service charge decision
In LON/00AB/LSC/2019/0437, decided 20 November 2020, the First-tier Tribunal considered 24 disputed service charge items at 16 Maydeb Court, Whalebone Lane South, Chadwell Heath, Essex and reached a mixed result: 12 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 16 Maydeb Court, Whalebone Lane South, Chadwell Heath, Essex
Decision date: 20 November 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Together Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018-19) | £433 | £247.20 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2018-19) | £1,676.88 | £1,676.88 | Allowed in full | — |
| Cleaning (2018-19) | £150 | £150 | Allowed in full | — |
| Utilities (2018-19) | £683.74 | £683.74 | Allowed in full | — |
| Other charges (2018-19) | £696 | £696 | Allowed in full | — |
| Gardening & grounds (2018-19) | £309.60 | £0 | Disallowed entirely | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018-19) | £6,383.64 | £6,383.64 | Allowed in full | — |
| Other charges (2018-19) | £168 | £168 | Allowed in full | — |
| Legal & professional costs (2018-19) | £120 | £120 | conceded | — |
| Management fees (2018-19) | £3,814.16 | £2,860.62 | Reduced | Fee excessive for service delivered, Historic neglect |
| Repairs & maintenance (2018-19) | £67.34 | £67.34 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £260.86 | £260.86 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £150 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2018-19) | £151.20 | £151.20 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £489.60 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2018-19) | £102 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2018-19) | £480 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Major works (2018-19) | £440.98 | £440.98 | Allowed in full | — |
| Gardening & grounds (2019-20) | £309.60 | £0 | Disallowed entirely | Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2019-20) | £4,004.88 | £3,003.66 | Reduced | Fee excessive for service delivered, Historic neglect |
| Repairs & maintenance (2019-20) | £4,348.20 | £4,348.20 | Allowed in full | — |
| Major works (2019-20) | £97,514.26 | £89,514.26 | Reduced | Historic neglect, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2018-19) | £891 | £0 | Disallowed entirely | Not payable under the lease |
| Administration charges (2019-20) | £516.47 | £0 | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“Accountancy fees are payable by the respondent. However, the tribunal allows these in the sum of £247.20 as originally claimed by the applicant in place of the £433.00 now sought.”
“the tribunal finds that cleaning has been carried out to the block the charge for which is supported by the appropriate invoices. Therefore, the tribunal finds the sum of £1,676.88 is payable.”
“The tribunal accepts is reasonable and payable and that the sum of £150 claimed is supported by the applicant's invoices.”
“The tribunal finds the sum of £683.74 is the annual charge for the communal parts and services for the whole building and finds this is a sum that is reasonable and payable.”
“The tribunal finds that the sum of £696.00 has been reasonably incurred for these services.”
“the tribunal accepts that there is in fact no garden at the subject property and the alleged cost of £309.60 is excessive. Therefore, the tribunal finds this cost is not payable.”
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.