LON/00AJ/LBC/2024/0020 — service charge decision
In LON/00AJ/LBC/2024/0020, decided 17 October 2024, the First-tier Tribunal considered 10 disputed service charge items at 8 Woodgrange Avenue, Ealing, W5 3NY and found largely for the landlord: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 8 Woodgrange Avenue, Ealing, W5 3NY
Decision date: 17 October 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance | — | — | Allowed in full | — |
| Gardening & grounds | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
| Buildings insurance | — | — | Allowed in full | — |
Key passages (verbatim)
“Whilst now rectified, we find that the historic failure to paint the windows at the property was a breach of clauses 4 and 6 of the lease”
“We find that the condition of the windows and stonework (other than as regards the painting of the windows separately addressed above) is not a breach of clauses 4, 6 nor 14 of the lease.”
“We find that the poor condition of the metal gutter to the front is a breach of clauses 6 and 14.”
“We find that the rubbish deposited in the rear garden is a breach of clause 14 of the lease, but it is not a breach of clause 6.”
“We find that the failure to maintain the rear fence, and the fence between the subject property's garden and the side alley to the North of the property is a breach of clause 6 of the lease, and of clause 14.”
“We make no such finding regarding the party fence with 10 Woodgrange Avenue.”
“We considered that this was in keeping with the respondent's failure to engage with the Tribunal regarding this matter at all”
“We considered that the respondent had had sufficient notice of the hearing, and had simply chosen not to engage with the Tribunal.”
“Prior to the hearing, it would appear the applicant had not considered whether all of the fences at the property were the responsibility of the tenant – beyond the fact that the fences formed part of the demised premises.”
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.