Decision summary

LON/00AN/LSC/2023/0093 — service charge decision

In LON/00AN/LSC/2023/0093, decided 29 May 2024, the First-tier Tribunal considered 8 disputed service charge items at Flat 71 King Henrys Reach, Manbre Road, London W6 9RH and found largely for the landlord: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 71 King Henrys Reach, Manbre Road, London W6 9RH
Decision date: 29 May 2024
Full decision: Read on GOV.UK

Managing agent named in the decision: Burlington Estates.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Reserve fund contributions (2021-2022)£1,170.40—Allowed in full—
Staffing & concierge (2021-2022)——Allowed in full—
Cleaning (2021-2022)——Allowed in full—
Gardening & grounds (2021-2022)——Allowed in full—
Other charges (2021-2022)£216.19£0Disallowed entirelyLandlord could not evidence the cost
Management fees (2021-2022)——Allowed in full—
Buildings insurance (2021-2022)——Allowed in full—
Administration charges (2022-2023)£240—Allowed in full—

Section 20C order: refused.

Key passages (verbatim)

“The tribunal finds that clauses 5.4.11 and 5.7 of the lease make provision for the collection of a reserve fund. The tribunal finds this sum is reasonable and payable by the applicant.”
On reserve fund contributions
“The tribunal accepts the respondent's evidence that these personnel are on site and that their services benefit the lessees of the 83 flats”
On staffing & concierge
“The tribunal accepts the respondent's evidence that cleaning and gardening costs have been reasonably incurred.”
On cleaning
“The tribunal accepts the respondent's evidence that cleaning and gardening costs have been reasonably incurred.”
On gardening & grounds
“the sum of £216.19, which was conceded by the respondent was unsupported by invoices and should be refunded to the applicant”
On other charges
“the annual service charge for management, in the region of £412 (plus VAT) per annum is at the upper range of what is considered to be reasonable”
On management fees
“The tribunal finds the respondent could have either applied to strike out the country court claim as failing to establish a cause of action against the managing agent Bulington Estate or applied to substitute the defendant with the landlord before transfer to the tribunal in order to avoid the procedural confusion of which it now complains.”
Of Respondent (Burlington Estates / Sigma Limited)
“there is no requirement for an applicant to be pleasant and undemanding before issuing an application”
Of Respondent's rule 13 costs argument (aggressive conduct allegation)

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.