LON/00AM/LSC/2020/0390 — service charge decision
In LON/00AM/LSC/2020/0390, decided 16 October 2021, the First-tier Tribunal considered 4 disputed service charge items at Flat 12, 26 Somerford Grove, London N16 7TT and found largely for the leaseholder: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 12, 26 Somerford Grove, London N16 7TT
Decision date: 16 October 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2019/20) | £2,404.06 | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost, Fee excessive for service delivered |
| Other charges (2018/19) | — | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost, Demand formally invalid |
| Other charges (2019/20) | — | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost, Demand formally invalid |
| Other charges (2020/21) | — | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost, Demand formally invalid |
Section 20C order: refused.
Key passages (verbatim)
“The Tribunal queried the managing agent charges which appeared to be excessive (annual charge of £38,464.96 of which £2,404.06 allocated to the subject property year ending March 2020).”
“in the absence of any evidence produced by the Applicant that the requisite demands and accompanying notices of tenants' rights had been served on the Respondents the Tribunal has little option but to declare that no sums are payable by the Respondents for the service charge years 2018/19, 2019/20 and 2020/21.”
“in the absence of any evidence produced by the Applicant that the requisite demands and accompanying notices of tenants' rights had been served on the Respondents the Tribunal has little option but to declare that no sums are payable by the Respondents for the service charge years 2018/19, 2019/20 and 2020/21.”
“in the absence of any evidence produced by the Applicant that the requisite demands and accompanying notices of tenants' rights had been served on the Respondents the Tribunal has little option but to declare that no sums are payable by the Respondents for the service charge years 2018/19, 2019/20 and 2020/21.”
“The fee is on the face of it enormously high and was curious as to why the Respondents were being asked to pay a separate service charge item for e.g. lift maintenance when such repairs would normally be expected to be covered by the superior landlord's obligations and thus included in the managing agent's charges.”
“Additional documentation sent to the Tribunal on the working day preceding the hearing which had not been received by the Tribunal prior to the commencement of the hearing was not considered by the Tribunal.”
“No witness statements were filed on behalf of the Applicant.”
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.