LON/00AM/LSC/2020/0071 — service charge decision
In LON/00AM/LSC/2020/0071, decided 26 March 2021, the First-tier Tribunal considered 19 disputed service charge items at Basement Flat and Flat 120A, 120 Nevill Road, London N16 0SX and reached a mixed result: 11 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Basement Flat and Flat 120A, 120 Nevill Road, London N16 0SX
Decision date: 26 March 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Remus Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2010-2019) | — | — | Allowed in full | — |
| Other charges (2013-14) | £438 | £438 | Allowed in full | — |
| Reserve fund contributions (2010-2019) | — | — | Allowed in full | — |
| Repairs & maintenance (2010-11) | £360 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2011-12) | £300 | £300 | Allowed in full | — |
| Repairs & maintenance (2012-13) | £378 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2013-14) | £500 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2014-15) | £500 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2015-16) | £500 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2016-17) | £500 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2017-18) | £500 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2018-19) | £500 | £500 | Allowed in full | — |
| Legal & professional costs (2010-2019) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Legal & professional costs (2013-14) | — | — | Allowed in full | — |
| Management fees (2010-2019) | — | — | Reduced | Fee excessive for service delivered, Duplication of charges |
| Major works (2014-15) | £924 | £550 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2014-15) | £474 | £474 | Allowed in full | — |
| Major works (2015-16) | £900.90 | £900.90 | Allowed in full | — |
| Major works (2016-17) | £1,637.10 | £779.10 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: refused.
Key passages (verbatim)
“Considered in the round, we cannot conclude that the insurance charges are unreasonable.”
“the charge for reinstatement surveys was reasonably incurred.”
“The service charge demands relating to the effective building up of a reserve fund (as per clause 2(2)(b)(ii) of the lease) were reasonable.”
“In respect of the service charge years 2010/11 and 2012/13 to 2017/18, the service charge demands referable to general repairs were not reasonable. In each of those years, a reasonable demand would have been £250.”
“It would be pointless to make a finding in respect of 2011/12, when the budgeted figure was, in fact, spent.”
“In respect of the service charge years 2010/11 and 2012/13 to 2017/18, the service charge demands referable to general repairs were not reasonable. In each of those years, a reasonable demand would have been £250.”
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.