LON/00AE/LSC/2023/0225 — service charge decision
In LON/00AE/LSC/2023/0225, decided 6 January 2024, the First-tier Tribunal considered 5 disputed service charge items at 4a Brendon Avenue, London, NW10 1SS and found largely for the leaseholder: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 4a Brendon Avenue, London, NW10 1SS
Decision date: 6 January 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2014-2023) | £58,952.82 | £0 | Disallowed entirely | Not payable under the lease, Section 20B 18-month time limit, No Section 21B summary of rights, Landlord could not evidence the cost |
| Repairs & maintenance (2018) | £1,500 | £0 | Disallowed entirely | Section 20B 18-month time limit, No Section 21B summary of rights, Landlord could not evidence the cost |
| Repairs & maintenance (2018) | £229 | £0 | Disallowed entirely | Section 20B 18-month time limit, No Section 21B summary of rights, Landlord could not evidence the cost |
| Repairs & maintenance (2020) | £1,500 | £0 | Disallowed entirely | Section 20B 18-month time limit, No Section 21B summary of rights, Landlord could not evidence the cost |
| Administration charges (2014-2023) | — | £0 | Disallowed entirely | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal find that the Deed of Variation is not binding on the Applicant. It has not been registered at HM Land Registry. ... The other items are not referred to in Clause 4(ii) of the Lease.”
“an estimated cost of £1500 exclusive of VAT for roof repairs claimed in 2018 ... These sums are not supported by invoices, the demands have not been made within 18 months of being incurred”
“a sum of £229 exclusive of VAT claimed in 2018 for water damage ... the charge for water damage should have been covered by insurance”
“an estimate of £1,500 exclusive of VAT for roof repairs in 2020. These sums are not supported by invoices, the demands have not been made within 18 months of being incurred”
“Mr Hayward submitted that administration costs under paragraph 5A of Schedule 11 of the 2002 Act are not recoverable under the terms of the Lease.”
“The Applicant advised the Tribunal that the Respondent had not complied with the Directions, but had sent a schedule of charges that the Applicant submitted had no bearing on the requirements under the Lease.”
“It noted that the Respondent was in breach of the Directions of 14 July 2023 and referred to the note on those Directions as to the consequence of a respondent failing to comply with directions, namely the tribunal debarring the respondent from taking further part in the proceedings and that it may determine all issues against it under Rules 9(7) and (8) of the Rules.”
“By reason of not complying with the Tribunal's Directions of 16 November 2023 the Respondent is disbarred from taking any further part in the proceedings”
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.