LON/00AN/LSC/2021/0016 — service charge decision
In LON/00AN/LSC/2021/0016, decided 21 September 2021, the First-tier Tribunal considered 7 disputed service charge items at Flats 2-8 & Two Commercial Units, 309-311 New Kings Road, London SW6 4RF and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 2-8 & Two Commercial Units, 309-311 New Kings Road, London SW6 4RF
Decision date: 21 September 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Urang (formerly); Wilmot (subsequently).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2018-2019) | £7,680 | £2,750 | Reduced | No Section 20 consultation |
| Repairs & maintenance (2016) | £4,140 | £2,750 | Reduced | No Section 20 consultation |
| Management fees (2015-2019) | — | — | Allowed in full | Leaseholder evidence insufficient |
| Buildings insurance (2015-2019) | — | — | Allowed in full | Leaseholder evidence insufficient |
| Management fees (2018-2019) | £6,000 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2018-2019) | £2,016 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2015-2019) | — | — | Reduced | Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“The sum of £2750 is allowed for these repairs. This sum is limited to £250 per unit because no section 20 notice was served.”
“The sum of 2750 is allowed for these repairs. The sum is limited to £250 per unit because no section 20 notice was served.”
“the tribunal were provided with no comparables and the leaseholders failed to satisfy the tribunal that these costs were excessive, accordingly the management charges are payable in full”
“The tribunal were provided with no comparables and the leaseholders failed to satisfy the tribunal that the insurance costs were excessive accordingly these charges are payable in full.”
“The sums of £6000 and £2016 are disallowed. It would not be fair for the leaseholders to bear the cost of wasted fees which resulted from a dispute between the managing agents and the freeholder.”
“The sums of £6000 and £2016 are disallowed. It would not be fair for the leaseholders to bear the cost of wasted fees which resulted from a dispute between the managing agents and the freeholder.”
“it is somewhat perplexing that in these circumstances where the freeholders themselves have fallen out with their agent how they can justify seeking abortive costs from the leaseholders.”
“It was apparent that no application for dispensation had been made by the freeholder pursuant to section 20ZA of the Landlord and Tenant Act 1985.”
“it was clear that no application had been made for dispensation either by the freeholder or the managing agents.”
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.