LON/00AN/LSC/2020/0067 — service charge decision
In LON/00AN/LSC/2020/0067, decided 21 October 2021, the First-tier Tribunal considered 21 disputed service charge items at 46 Auriol Road, London, W14 0SR and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 46 Auriol Road, London, W14 0SR
Decision date: 21 October 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Prior Estates.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2017) | £522.50 | £522.50 | Allowed in full | — |
| Management fees (2017) | £840 | £780 | Reduced | Apportionment error |
| Other charges (2017) | £9 | £0 | Disallowed entirely | Other grounds |
| Legal & professional costs (2017) | £6 | £6 | Allowed in full | — |
| Other charges (2017) | £390 | £390 | Allowed in full | — |
| Reserve fund contributions (2017) | £4,622 | £500 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018) | £1,471.50 | £1,471.50 | Allowed in full | — |
| Management fees (2018) | £877 | £840 | Reduced | Other grounds |
| Legal & professional costs (2018) | £659.50 | £0 | conceded | — |
| Repairs & maintenance (2018) | £2,764 | £1,696 | Reduced | No Section 20 consultation |
| Other charges (2018) | £174 | £0 | conceded | — |
| Reserve fund contributions (2018) | £500 | £500 | Allowed in full | — |
| Buildings insurance (2019) | £1,402.50 | £1,402.50 | Allowed in full | — |
| Management fees (2019) | £900 | £840 | Reduced | Other grounds |
| Legal & professional costs (2019) | £247.50 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019) | £265 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Other charges (2019) | £174 | £0 | conceded | — |
| Reserve fund contributions (2019) | £500 | £500 | Allowed in full | — |
| Management fees (2020) | £450 | £210 | Reduced | Apportionment error |
| Legal & professional costs (2020) | £12,960 | £0 | conceded | — |
| Repairs & maintenance (2020) | £21.07 | £21.07 | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“Overall, we find that the steps taken by Mr McKeer in obtaining the insurance policies were reasonable and the premiums are reasonable in amount. Therefore, we confirm Ms Becher's contributions.”
“In 2017 his appointment started on 27 January and as such the annual fee of £350 plus VAT should be apportioned. The apportioned sum is £390 including VAT for each flat, and for Ms Becher the sum for that year for her two flats would be £780.”
“the Tribunal determines that it is reasonable that given a refund was given to Mr El Sadek and that no refund was given to Ms Becher, then she should not have to contribute her share to the £18 item.”
“The Tribunal finds that this clause is sufficiently wide enough to allow Mr McKeer to recover the Land Registry fee as a service charge item.”
“Whilst there are some flaws in the report, the work has been carried out and a cost was incurred. The level of fees is within a band of fees that the Tribunal would anticipate as being reasonable for this type of work.”
“we consider that the sum sought of £9,244 for 2017 was excessive… for each year the reasonable sum for the reserve fund should be £250 per flat. Therefore, Ms Becher's total contribution for her two flats would be £500 per annum.”
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.