LON/00AH/LSC/2021/0173 — service charge decision
In LON/00AH/LSC/2021/0173, decided 21 March 2022, the First-tier Tribunal considered 4 disputed service charge items at Radnor House, 1272 London Road, Norbury, London, SW16 4EB and found largely for the landlord: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: Radnor House, 1272 London Road, Norbury, London, SW16 4EB
Decision date: 21 March 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Westcolt Surveyors (then); Mandeville Estates Limited (from 6 December 2021).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2021-22) | £36,665 | £36,665 | Allowed in full | — |
| Legal & professional costs (2021-22) | £27,637 | £27,637 | Allowed in full | — |
| Management fees (2021-22) | £1,000 | £1,000 | Allowed in full | — |
| Administration charges (2021-22) | £1,488 | £0 | Disallowed entirely | Not payable under the lease |
Section 20C order: refused.
Key passages (verbatim)
“If works are required as a matter of urgency, as in the case of health and safety works, the Management Company may have no option but to take out a loan to fund the works. This is necessary to enable it to carry out works which it has covenanted to provide under the lease.”
“We are satisfied that the Respondent was entitled to include to include an estimated charge for professional fees in the budget. When the final service charge accounts have been prepared, it would be open to a tenant to challenge whether the sums expended have been reasonably incurred.”
“The Tribunal is satisfied that the Respondent would be entitled to charge a fee for an out of hours service if this was not covered by the basic management agreement. Emergencies arise outside normal working hours and the Respondent need to make provision for this.”
“We are satisfied that there is no covenant which permits the Respondent to recover the costs of running the Management Company. This is a cost to be borne by the shareholders.”
“the Applicants, represented by solicitors, have failed to do so.”
“Mr Harrison has been unable to put forward any explanation for the abject failure to comply with the Directions.”
“it ill beholds tenants who have withheld service charge payments, to complain when the management company has felt compelled to take out a loan.”
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.