Decision summary

LON/00AD/LSC/2021/0285 — service charge decision

In LON/00AD/LSC/2021/0285, decided 15 January 2024, the First-tier Tribunal considered 15 disputed service charge items at Flat 1 Kings Court, 38 Hatherly Road, Sidcup, Kent DA14 4AT and reached a mixed result: 14 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 1 Kings Court, 38 Hatherly Road, Sidcup, Kent DA14 4AT
Decision date: 15 January 2024
Full decision: Read on GOV.UK

Managing agent named in the decision: Y & Y Management.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Other charges (2009-10)£16,915£1,186.50ReducedNot payable under the lease
Other charges (2010-11)£17,702£1,058ReducedNot payable under the lease
Other charges (2011-12)£16,151£1,220ReducedNot payable under the lease
Other charges (2012-13)£16,221£1,284ReducedNot payable under the lease
Other charges (2013-14)£17,025£1,376ReducedNot payable under the lease
Other charges (2014-15)£18,797£1,473ReducedNot payable under the lease, Other grounds
Other charges (2015-16)£18,978£1,580.86ReducedNot payable under the lease
Other charges (2016-17)£16,938£1,369ReducedNot payable under the lease
Other charges (2017-18)£13,694£1,106ReducedNot payable under the lease
Other charges (2018-19)£13,557£1,132ReducedNot payable under the lease
Other charges (2019-20)£15,362£1,238ReducedNot payable under the lease
Reserve fund contributions (2009-20)Disallowed entirelyNot payable under the lease
Management fees (2009-20)Allowed in full
Legal & professional costs (2009-20)Disallowed entirelyNot payable under the lease
Other charges (pre-2009)£8,574.57£0Disallowed entirelyOther grounds

Section 20C order: refused.

Key passages (verbatim)

“1.4.09 - 31.3.10 Claimed £16,915 less £2,677 = £14,238 x 8.33% £1,186.50”
On other charges
“1.4.10 – 31.3.11 Claimed £17,702 less £5,000 = £12,702 x 8.33% £1,058.00”
On other charges
“1.4.11 – 31.3.12 Claimed £16,151 less £2,000 = £14,651 x 8.33% £1,220”
On other charges
“1.4.12 – 31.3.13 Claimed £16,221 less £500 and £300 = £15,421 x 8.33% £1,284”
On other charges
“1.4.13 – 31.3.14 Claimed £17,025 less £500 = £1,6525 x 8.33% £1,376”
On other charges
“1.4.14 – 31.3.15 Claimed £18,797 less £610 and £500 = £17,687 x 8.33% £1,473”
On other charges
“We have been provided with a jumbled and unhelpful bundle of papers.”
Of Applicant (bundle preparation)
“With respect this is not a good enough response.”
Of Applicant (Avon Estates arrears justification)
“His witness statement is, with respect, somewhat verbose and contains much which is of no relevance to these proceedings.”
Of Respondent (witness statement of )
“Little attempt has been made to clarify issues and as we have said, the bundle prepared by the Applicant is unhelpful in its format.”
Of Both parties

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.