Decision summary

LON/00AC/LSC/2022/0353 — service charge decision

In LON/00AC/LSC/2022/0353, decided 18 October 2023, the First-tier Tribunal considered 6 disputed service charge items at Flats 5 & 6, 1-4 Promenade Mansions, The Promenade, Edgwarebury Lane, HA8 7JZ and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flats 5 & 6, 1-4 Promenade Mansions, The Promenade, Edgwarebury Lane, HA8 7JZ
Decision date: 18 October 2023
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Buildings insurance (2021)——Allowed in full—
Reserve fund contributions (2021)——Allowed in full—
Repairs & maintenance (2021)——Allowed in full—
Management fees (2021)——Allowed in full—
Legal & professional costs (2021)——Allowed in full—
Other charges (2021)£4,069.17£4,069.17Allowed in full—

Key passages (verbatim)

“There is no reason to think that the broker did not provide a service so as to secure a reasonable premium. In the absence of any evidence otherwise, the Tribunal is satisfied that it is reasonable and payable.”
On buildings insurance
“The language is not limited the amounts expended in the past. The Tribunal is satisfied that it is wide enough to include reasonable estimates of future expenditure.”
On reserve fund contributions
“There is no evidence that the service road does not come within the areas which the Applicant is obliged to maintain. Further, the language is wide enough to encompass more general management functions in support of the various services expressly mentioned.”
On repairs & maintenance
“The language is wide enough to encompass more general management functions in support of the various services expressly mentioned. The Tribunal dismisses this complaint.”
On management fees
“Paragraph 31 of the Fifth Schedule is a wide obligation for the lessee to pay all proper costs, charges and expenses, including professional fees. Again, without any contrary argument, the Tribunal is satisfied that accounts and banking charges are recoverable.”
On legal & professional costs
“The claimed service charges of £4,069.17 are reasonable and payable by the Respondent to the Applicant.”
On other charges
“The Respondent has failed to engage meaningfully in these proceedings, causing delay and, ultimately, his own debarment. He has not provided any explanation for his lack of action, even when he had the opportunity to do so.”
Of David Eisner (Respondent) / Seaboard Consulting Ltd (representative)
“The Applicant has charged his time at £250 per hour. No justification has been given. It is more than some fully-qualified lawyers charge for their time.”
Of Roger Fine (Applicant) — costs claim

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.