LON/00AC/LSC/2023/0350 — service charge decision
In LON/00AC/LSC/2023/0350, decided 1 May 2024, the First-tier Tribunal considered 8 disputed service charge items at 16 Sandringham Road London NW11 9DP and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 16 Sandringham Road London NW11 9DP
Decision date: 1 May 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Capstone Management Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2022-23) | £397.50 | £397.50 | Allowed in full | — |
| Other charges (2022-23) | £306 | — | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Other charges (2022-23) | £84 | — | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Buildings insurance (2022-23) | £631.38 | — | Disallowed entirely | Not payable under the lease |
| Administration charges (2022-23) | £60 | £60 | Allowed in full | — |
| Administration charges (2022-23) | £300 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2022-23) | £350 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2022-23) | £175 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Key passages (verbatim)
“The Tribunal found Mr Stone to be credible. It noted the provision of relevant invoices. The Tribunal found that the statement of service charge expenditure [81] was reasonable and finds the sum payable for each of the two half years in issue.”
“the lease does not allow ad hoc interim demands to be made unless the works relate to 'substantial works to the building' under 3.23 (d)... not payable until such a certificate is provided.”
“the lease does not allow ad hoc interim demands to be made unless the works relate to 'substantial works to the building' under 3.23 (d)... not payable until such a certificate is provided.”
“it is not payable until a certificate which complies with Para 3 and 3.1 of Sch 3 has been given.”
“The Tribunal finds that the late payment fee of £60 is reasonable.”
“It finds that the management fee of £300 is too high and reduces this to £100. This is because this appears to amount to a letter instructing solicitors.”
“The Tribunal finds the lease to be a poorly drafted document.”
“The Respondent did not comply with the directions as to preparation of bundles. Instead, the Tribunal received numerous piecemeal submissions by email. This included photographs of the property, photographs of a handwritten counter claim in the county court proceedings and photographs of computer screen shots concerning insurance. There was also a video recording. The Tribunal did not admit this material into evidence but considered it on a provisional basis.”
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.