LON/00AG/LSC/2023/0237 — service charge decision
In LON/00AG/LSC/2023/0237, decided 19 January 2024, the First-tier Tribunal considered 27 disputed service charge items at 349A West End Lane, London, NW6 1LT and reached a mixed result: 20 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 349A West End Lane, London, NW6 1LT
Decision date: 19 January 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Cleaning (2021-22) | £710.80 | £591.50 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021-22) | £840 | £840 | Allowed in full | — |
| Major works (2021-22) | £2,647.78 | £1,323.89 | Reduced | Poor standard of work, Landlord could not evidence the cost |
| Legal & professional costs (2021-22) | £222 | £0 | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Cleaning (2022-23) | £543.95 | £543.95 | Allowed in full | — |
| Other charges (2022-23) | £144 | £144 | Allowed in full | — |
| Cleaning (2022-23) | £528 | £284 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Repairs & maintenance (2022-23) | £276 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022-23) | £276 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs (2022-23) | £900 | £900 | Allowed in full | — |
| Other charges (2022-23) | £25 | £5 | Reduced | — |
| Repairs & maintenance (2022-23) | £1,000 | £300 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022-23) | £36 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022-23) | £990.40 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2022-23) | £447.72 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
| Other charges (2022-23) | £398.89 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2022-23) | £500 | £200 | Reduced | Poor standard of work |
| Other charges (2022-23) | £300 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Legal & professional costs (2022-23) | £240 | £0 | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Cleaning (2023-24) | £850 | £600 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2023-24) | £600 | £600 | Allowed in full | — |
| Cleaning (2023-24) | £600 | £300 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2023-24) | £350 | £350 | Allowed in full | — |
| Other charges (2023-24) | £450 | £450 | Allowed in full | — |
| Major works (2023-24) | £1,200 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Legal & professional costs (2023-24) | £258 | £0 | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Reserve fund contributions (2023-24) | £2,000 | £1,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal determines that it was unreasonable to add regular charges of £5 + VAT to the bills for the application of disinfecting products to touchpoints and spraying WD40 on the front door.”
“The lease allows the landlord to carry out the works and servicing of the installation as appropriate. It represents good practice to ensure that the premises are protected in accordance with recent regulations.”
“Doing the best it could with the limited breakdown of the cost of the works, the amount offered by the leaseholders is reasonable.”
“There was no evidence of any work having been undertaken by the accountant. The accounts were signed by Eagerstates. Moreover, the lease did not require the accounts to be certified by an accountant.”
“£543.95 for 2022-3”
“The sum of £144 in 2022-23 is payable. The testing was ad hoc, it ought to have been carried out on a regular basis. However, the actual cost incurred was reasonable in amount.”
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.