LON/00AE/LSC/2023/0269 — service charge decision
In LON/00AE/LSC/2023/0269, decided 1 July 2024, the First-tier Tribunal considered 11 disputed service charge items at Chamberlayne Avenue, Wembley, HA9 8SR and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Chamberlayne Avenue, Wembley, HA9 8SR
Decision date: 1 July 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: FirstPort Property Service Limited (formerly OM Management Services Limited).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2016/17 – 2021/22) | — | — | Allowed in full | — |
| Gardening & grounds (2016/17 – 2021/22) | — | — | Allowed in full | — |
| Buildings insurance (2016/17 – 2021/22) | — | — | Allowed in full | — |
| Major works (2017/18) | £150,000 | £150,000 | Allowed in full | Leaseholder evidence insufficient |
| Other charges (2017/18) | £6,867 | £6,867 | Allowed in full | — |
| Legal & professional costs (2016/17 – 2021/22) | — | — | Allowed in full | — |
| Repairs & maintenance (2018/19) | £3,288 | £3,288 | Allowed in full | — |
| Other charges (2016/17 – 2021/22) | — | — | Allowed in full | — |
| Administration charges (2017/18) | £1,460.16 | £1,460.16 | Allowed in full | — |
| Reserve fund contributions (2018/19 – 2020/21) | — | — | Allowed in full | — |
| Management fees (2016/17 – 2021/22) | — | — | conceded | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal is satisfied that on 7 October 1999 and at all times thereafter, NGL777992 included the freehold of the disputed area shaded yellow on the plan annexed to this decision. It is therefore part of 'the Communal Areas and Facilities' in respect of which the 'Part A' maintenance expenses are payable for all lessees.”
“The Applicants contend that only 30% is payable [of Landscape Costs]. The Tribunal resolved this under Issue 1.”
“Insurance: 2016/7: £502.73; 2017/8: £2,995.26; 2018/9: £1,338.69; 2019/20: £1,346.59; 2020/21: £3,964.44; 2021/22: £1,433.46. The Applicants contend that only 20% is payable. Resolved under Issue 1.”
“We are satisfied that the Applicants have failed to adduce sufficient evidence to justify any such reduction. The white lining and numbering work to the open car parking areas have now been made good.”
“We are satisfied that this sum is payable pursuant to the terms of the Lease. The Manager's functions are set out in 'Part D' of the Sixth Schedule and would recoverable under paragraphs 2, 7, 10, 11, 13 and 15.”
“Paragraph 7.4 makes specific provision for the management costs involved 'in the preparation for audit of the service charge accounts'. The Tribunal is satisfied that this charge is payable and is reasonable.”
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.