Decision summary

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

ItemDemandedAllowedOutcomeGrounds
Buildings insurance (2016)£2,000£2,000Allowed in full—
Buildings insurance (2016)£891£891Allowed in full—
Management fees (2016)£600£600Allowed in full—
Management fees (2016)£3,024£3,024Allowed in full—
Legal & professional costs (2016)£600£600Allowed in full—
Utilities (2016-2021)£1,086£0Disallowed entirelyLandlord could not evidence the cost
Lifts (2016-2021)£1,050£1,050Allowed in full—
Other charges (2016-2021)£403£403Allowed in full—
Other charges (2016-2021)£119.76£119.76conceded—
Repairs & maintenance (2016-2021)£1,920£1,920Allowed in full—
Buildings insurance (2016-2021)£4,695£4,695Allowed in full—
Lifts (2016-2021)£1,788£1,788Allowed in full—
Utilities (2016-2021)£96£96Allowed in full—
Other charges (2016-2021)£312£0Disallowed entirelyLandlord could not evidence the cost
Other charges (2016-2021)£1,500£0Disallowed entirelyLandlord could not evidence the cost
Other charges (2016-2021)£300£300Allowed in full—
Legal & professional costs (2016-2021)£180£180Allowed in full—
Other charges (2016-2021)£306.47£306.47Allowed in full—
Gardening & grounds (2016-2021)£550£550Allowed in full—
Repairs & maintenance (2016-2021)£1,608£1,608Allowed in full—
Buildings insurance (2016-2021)£6,258£6,258Allowed in full—
Lifts (2016-2021)£720£720Allowed in full—
Lifts (2016-2021)£600£600Allowed in full—
Lifts (2016-2021)£690£690Allowed in full—
Utilities (2016-2021)£78£78Allowed in full—
Management fees (2016-2021)£2,640£1,720ReducedLandlord could not evidence the cost
Repairs & maintenance (2016-2021)£859.20£859.20Allowed in full—
Repairs & maintenance (2016-2021)£1,440£1,440Allowed in full—
Legal & professional costs (2016-2021)£550£550Allowed in full—
Management fees (2016-2021)£920£920Allowed in full—
Repairs & maintenance (2016-2021)£60£60Allowed in full—
Management fees (2016-2021)£540£540Allowed in full—
Legal & professional costs (2016-2021)£1,270£1,270Allowed in full—
Management fees (2016-2021)£1,911.35£1,911.35Allowed in full—
Major works (2016-2021)£8,541£8,541Allowed in full—
Other charges (2016-2021)£757.13£432.13ReducedLandlord could not evidence the cost
Management fees (2016-2021)£612£612Allowed in full—
Legal & professional costs (2016-2021)—£500ReducedCosts 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.”
On buildings insurance
“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.”
On buildings insurance
“Ms Briggs referred to clause 6.2.7.1 of the lease which allowed the Respondents to employ managing agents.”
On management fees
“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.”
On management fees
“Platts prepared the accounts for 2016 and the cost was reasonable.”
On legal & professional costs
“The invoice for £1086 for electrical works is disallowed as there was no evidence that the work was communal.”
On utilities
“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.”
Of Applicant
“The Applicant's misguided challenge put the Respondents to considerable work.”
Of Applicant

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.