LON/00AL/LSC/2020/0111 & others — service charge decision
In LON/00AL/LSC/2020/0111 & others, decided 12 August 2021, the First-tier Tribunal considered 14 disputed service charge items at 112 Blackheath Road, London, SE10 8DA and found largely for the leaseholder: 10 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 112 Blackheath Road, London, SE10 8DA
Decision date: 12 August 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: ABC Block Management Limited (Aldermartin Baines & Cuthbert).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2019) | £2,250 | £900 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2020) | £2,250 | £900 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2019) | £927.36 | £927.36 | Allowed in full | — |
| Buildings insurance (2020) | £1,052.05 | £1,052.05 | Allowed in full | — |
| Other charges (2019) | £360 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £360 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2019) | £2,160 | £2,160 | Allowed in full | — |
| Other charges (2019) | £600 | £600 | Allowed in full | — |
| Legal & professional costs (2019) | £720 | £420 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Legal & professional costs (2020-21) | £720 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Administration charges (2020) | £600 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2019) | £2,011.50 | £0 | Disallowed entirely | Not payable under the lease, Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2019) | £819 | £0 | Disallowed entirely | Not payable under the lease, Works not necessary, Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2019) | £93,414 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Works not necessary |
Section 20C order: granted.
Key passages (verbatim)
“The Applicants complain of the quality of the service that was provided. We agree that the service fell far short of what the tenants might reasonably expect. No works have been executed to the physical fabric of the Building. The Applicants argue that the fee should be reduced to £900 per annum. We agree.”
“The Applicants complain of the quality of the service that was provided. We agree that the service fell far short of what the tenants might reasonably expect. No works have been executed to the physical fabric of the Building. The Applicants argue that the fee should be reduced to £900 per annum. We agree.”
“The Tribunal is therefore satisfied that the sums claimed in respect of insurance are both payable and reasonable.”
“The Tribunal is therefore satisfied that the sums claimed in respect of insurance are both payable and reasonable.”
“This is not a service for which a fee was sought in the Management Order... It is not open to a Manager to subvert the express terms of a Management Order in this manner. We disallow this sum.”
“This is not a service for which a fee was sought in the Management Order... It is not open to a Manger to subvert the express terms of a Management Order in this manner. We disallow this sum.”
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.