LON/00AG/LAC/2022/0007 & others — service charge decision
In LON/00AG/LAC/2022/0007 & others, decided 31 October 2022, the First-tier Tribunal considered 19 disputed service charge items at Flat B, 19 Camden Park Road, London NW1 9AX and found largely for the leaseholder: 12 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat B, 19 Camden Park Road, London NW1 9AX
Decision date: 31 October 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Frognal Estates Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2019-2020) | £174.06 | £174.06 | Allowed in full | — |
| Buildings insurance (2020-2021) | £174.06 | £174.06 | Allowed in full | — |
| Buildings insurance (2021-2022) | £195.11 | £97.55 | Reduced | Demand formally invalid |
| Utilities (2019-2020) | £30 | £30 | Allowed in full | — |
| Utilities (2020-2021) | £37.50 | £37.50 | Allowed in full | — |
| Utilities (2021-2022) | £62.50 | £31.25 | Reduced | Demand formally invalid |
| Other charges (2019-2020) | — | £0 | Disallowed entirely | Duplication of charges, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-2021) | — | £0 | Disallowed entirely | Duplication of charges, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021-2022) | — | £0 | Disallowed entirely | Duplication of charges, Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2019-2020) | £125 | £125 | Allowed in full | — |
| Reserve fund contributions (2020-2021) | £125 | £125 | Allowed in full | — |
| Reserve fund contributions (2021-2022) | £250 | £62.50 | Reduced | Costs unreasonably incurred (s19(1)(a)), Demand formally invalid |
| Repairs & maintenance (2020-2021) | £75 | £75 | Allowed in full | — |
| Repairs & maintenance (2021-2022) | £75 | £37.50 | Reduced | Demand formally invalid |
| Management fees (2021-2022) | £250 | £0 | Disallowed entirely | Fee excessive for service delivered, Not payable under the lease |
| Legal & professional costs (2020-2021) | £350 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2018-2019) | — | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2019-2020) | — | £0 | Disallowed entirely | Section 20B 18-month time limit, Landlord could not evidence the cost |
| Other charges (2018-2019) | £354.04 | £0 | Disallowed entirely | Section 20B 18-month time limit |
Section 20C order: granted.
Key passages (verbatim)
“the sums claimed on account for insurance in each of the 3 years are reasonable. (i) £174.06 as two instalments for 2019/2020”
“the sums claimed on account for insurance in each of the 3 years are reasonable. (ii) £174.06 as two instalments for 2020/2021”
“£195.11 for 2021/2022, of which only the first instalment of £97.55 has been validly demanded on account and so is presently payable.”
“the on-account charges of £30 for 2019/2020 in total and £37.50 for 2020/2021 in total are reasonable.”
“the on-account charges of £30 for 2019/2020 in total and £37.50 for 2020/2021 in total are reasonable.”
“the tribunal therefore determines that £62.50 was reasonable as an on-account figure. Only the first 50% or £31.25 has been validly demanded however.”
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.