LON/00AF/LSC/2021/0325 — service charge decision
In LON/00AF/LSC/2021/0325, decided 15 June 2022, the First-tier Tribunal considered 26 disputed service charge items at 42 Tony Law House, 1 Betts Way, Penge, SE20 8TG and reached a mixed result: 11 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 42 Tony Law House, 1 Betts Way, Penge, SE20 8TG
Decision date: 15 June 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Lifts (Jan-Mar 2016) | £577 | £94 | Reduced | Not payable under the lease |
| Lifts (2016-2017) | £2,820 | £200 | Reduced | Not payable under the lease |
| Lifts (2017-2018) | £3,814 | £300 | Reduced | Not payable under the lease |
| Lifts (2018-2019) | £3,695 | £181 | Reduced | Not payable under the lease |
| Lifts (2019-2020) | £3,021 | £181 | Reduced | Not payable under the lease |
| Lifts (2020-2021) | £4,288 | £446 | Reduced | Not payable under the lease |
| Other charges (2016-2017) | £2,973 | £2,973 | Allowed in full | — |
| Other charges (2017-2018) | £5,600 | £5,600 | Allowed in full | — |
| Other charges (2018-2019) | £5,600 | £5,600 | Allowed in full | — |
| Other charges (2019-2020) | £3,154 | £3,154 | Allowed in full | — |
| Gardening & grounds (2016-2017) | £2,164 | £2,164 | Allowed in full | — |
| Gardening & grounds (2017-2018) | £2,927 | £2,927 | Allowed in full | — |
| Gardening & grounds (2018-2019) | £3,336 | £3,336 | Allowed in full | — |
| Gardening & grounds (2019-2020) | £2,873 | £2,873 | Allowed in full | — |
| Gardening & grounds (2020-2021) | £4,730 | £4,730 | Allowed in full | — |
| Gardening & grounds (2021-2022) | £3,970 | £3,970 | Allowed in full | — |
| Staffing & concierge (2016-2017) | £26,907 | £26,907 | Allowed in full | — |
| Staffing & concierge (2017-2018) | £27,092 | £27,092 | Allowed in full | — |
| Staffing & concierge (2018-2019) | £27,380 | £27,380 | Allowed in full | — |
| Staffing & concierge (2019-2020) | £26,901 | £26,901 | Allowed in full | — |
| Staffing & concierge (2020-2021) | £28,361 | £28,361 | Allowed in full | — |
| Management fees (2016-2017) | £15,447 | £12,750 | Reduced | Fee excessive for service delivered |
| Management fees (2017-2018) | £16,150 | £12,750 | Reduced | Fee excessive for service delivered |
| Management fees (2018-2019) | £16,555 | £12,750 | Reduced | Fee excessive for service delivered |
| Management fees (2019-2020) | £17,099 | £12,750 | Reduced | Fee excessive for service delivered |
| Management fees (2020-2021) | £17,564 | £12,750 | Reduced | Fee excessive for service delivered |
Section 20C order: granted.
Key passages (verbatim)
“The tribunal determines that the amounts payable in respect of lift replacement charges, lift service contract, lift inspection and lift repairs is nil. The lift insurance charges shown in the table above are payable.”
“the capital cost of lift replacement, the lift service contract, lift inspection costs and lift repairs are the responsibility of the landlord and not chargeable to the service charge. Lift insurance is self-evidently not a repair.”
“the capital cost of lift replacement, the lift service contract, lift inspection costs and lift repairs are the responsibility of the landlord and not chargeable to the service charge.”
“the capital cost of lift replacement, the lift service contract, lift inspection costs and lift repairs are the responsibility of the landlord and not chargeable to the service charge.”
“the capital cost of lift replacement, the lift service contract, lift inspection costs and lift repairs are the responsibility of the landlord and not chargeable to the service charge.”
“the capital cost of lift replacement, the lift service contract, lift inspection costs and lift repairs are the responsibility of the landlord and not chargeable to the service charge.”
“Head office management and overheads costs are computed at 15% of the service charge. This is common across all of the properties of Anchor.”
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.