LON/00AG/LSC/2022/0342 & others — service charge decision
In LON/00AG/LSC/2022/0342 & others, decided 12 May 2023, the First-tier Tribunal considered 38 disputed service charge items at Flat 11, 65 Priory Road, London, NW6 3NH and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 11, 65 Priory Road, London, NW6 3NH
Decision date: 12 May 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: ABC / Des Res / Whitestones.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2016) | £2,000 | £2,000 | Allowed in full | — |
| Buildings insurance (2016) | £891 | £891 | Allowed in full | — |
| Management fees (2016) | £600 | £600 | Allowed in full | — |
| Management fees (2016) | £3,024 | £3,024 | Allowed in full | — |
| Legal & professional costs (2016) | £600 | £600 | Allowed in full | — |
| Utilities (2016-2021) | £1,086 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Lifts (2016-2021) | £1,050 | £1,050 | Allowed in full | — |
| Other charges (2016-2021) | £403 | £403 | Allowed in full | — |
| Other charges (2016-2021) | £119.76 | £119.76 | conceded | — |
| Repairs & maintenance (2016-2021) | £1,920 | £1,920 | Allowed in full | — |
| Buildings insurance (2016-2021) | £4,695 | £4,695 | Allowed in full | — |
| Lifts (2016-2021) | £1,788 | £1,788 | Allowed in full | — |
| Utilities (2016-2021) | £96 | £96 | Allowed in full | — |
| Other charges (2016-2021) | £312 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2016-2021) | £1,500 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2016-2021) | £300 | £300 | Allowed in full | — |
| Legal & professional costs (2016-2021) | £180 | £180 | Allowed in full | — |
| Other charges (2016-2021) | £306.47 | £306.47 | Allowed in full | — |
| Gardening & grounds (2016-2021) | £550 | £550 | Allowed in full | — |
| Repairs & maintenance (2016-2021) | £1,608 | £1,608 | Allowed in full | — |
| Buildings insurance (2016-2021) | £6,258 | £6,258 | Allowed in full | — |
| Lifts (2016-2021) | £720 | £720 | Allowed in full | — |
| Lifts (2016-2021) | £600 | £600 | Allowed in full | — |
| Lifts (2016-2021) | £690 | £690 | Allowed in full | — |
| Utilities (2016-2021) | £78 | £78 | Allowed in full | — |
| Management fees (2016-2021) | £2,640 | £1,720 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2016-2021) | £859.20 | £859.20 | Allowed in full | — |
| Repairs & maintenance (2016-2021) | £1,440 | £1,440 | Allowed in full | — |
| Legal & professional costs (2016-2021) | £550 | £550 | Allowed in full | — |
| Management fees (2016-2021) | £920 | £920 | Allowed in full | — |
| Repairs & maintenance (2016-2021) | £60 | £60 | Allowed in full | — |
| Management fees (2016-2021) | £540 | £540 | Allowed in full | — |
| Legal & professional costs (2016-2021) | £1,270 | £1,270 | Allowed in full | — |
| Management fees (2016-2021) | £1,911.35 | £1,911.35 | Allowed in full | — |
| Major works (2016-2021) | £8,541 | £8,541 | Allowed in full | — |
| Other charges (2016-2021) | £757.13 | £432.13 | Reduced | Landlord could not evidence the cost |
| Management fees (2016-2021) | £612 | £612 | Allowed in full | — |
| Legal & professional costs (2016-2021) | — | £500 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
Section 20C order: refused.
Key passages (verbatim)
“The insurance policy carried an excess. The Respondents made the claim and paid the excess. She said the excess was reasonably and properly incurred under the lease.”
“Ms Briggs said the cost was recoverable as it was 'reasonably and properly incurred in connection with the building' (per the lease) and therefore recoverable under the lease.”
“Ms Briggs referred to clause 6.2.7.1 of the lease which allowed the Respondents to employ managing agents.”
“the managing agents work did not fall within the meaning of works in s.20 Landlord and Tenant Act 1985 – relying on Paddington Walk Management Ltd v Peabody Trust [2010] L&TR 6.”
“Platts prepared the accounts for 2016 and the cost was reasonable.”
“The invoice for £1086 for electrical works is disallowed as there was no evidence that the work was communal.”
“The Tribunal had considerable difficulties initially identifying exactly what the Applicant was challenging. He spent a lot of his challenge making serious allegations against the managing agents ABC. These allegations were outside our jurisdiction in any event. He failed to properly focus on issues he was challenging that were within our jurisdiction. For instance, he failed to put forward alternative quotes which were reliable.”
“The Applicant's misguided challenge put the Respondents to considerable work.”
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.