LON/00AM/LSC/2021/0349 — service charge decision
In LON/00AM/LSC/2021/0349, decided 18 July 2022, the First-tier Tribunal considered 24 disputed service charge items at Flats 1 and 3, 105 Green Lanes, London N16 9BX and reached a mixed result: 16 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1 and 3, 105 Green Lanes, London N16 9BX
Decision date: 18 July 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2016-2021) | £144 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2017-2020) | — | — | Allowed in full | — |
| Buildings insurance (2016 and 2020) | £1,017 | £1,017 | Allowed in full | — |
| Cleaning (2019) | £105 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2019) | £518.40 | £300 | Reduced | Fee excessive for service delivered |
| Repairs & maintenance (2019) | £102 | £102 | Allowed in full | — |
| Other charges (2019) | £288 | £288 | Allowed in full | — |
| Other charges (2020) | £350 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-21) | £448.80 | £300 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-21) | £1,440 | £1,440 | Allowed in full | — |
| Other charges (2020-21) | £690 | £690 | Allowed in full | — |
| Repairs & maintenance (2017) | £229.20 | £229.20 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £777 | £444 | Reduced | Duplication of charges, Costs unreasonably incurred (s19(1)(a)) |
| Major works (2020-21) | £600 | £0 | Disallowed entirely | Works not necessary, Not payable under the lease |
| Cleaning (2021) | £651.66 | £90.41 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2020-21) | — | — | Allowed in full | — |
| Legal & professional costs (2021) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Management fees (2015-16) | £1,092 | £787.50 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2016-17) | £1,152 | £830.76 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2017-18) | £1,212 | £874.04 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2018-19) | £1,176 | £848.07 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2019-20) | £1,238.40 | £893.08 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2020-21) | £1,248 | £900 | Reduced | Fee excessive for service delivered, Apportionment error |
| Management fees (2021) | £105 | £75.72 | Reduced | Fee excessive for service delivered, Apportionment error |
Section 20C order: conditional.
Key passages (verbatim)
“The charges made in respect of the helpline relate to a service that was not made available to the leaseholders, and is not payable.”
“The costs relating to the insurance premiums from November 2017 to November 2020 were reasonably incurred.”
“We accept the Respondent's submissions. The lease allows for the charging of these costs, either under the provision identified by Mr Harrison, or as a necessary and inescapable incident of the insurance obligation.”
“The costs of window cleaning were not reasonably incurred.”
“A reasonable fee in substation would be £300 including VAT.”
“The charge of £102 including VAT for drains service in 2019 was reasonably incurred.”
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.