LON/00AP/LSC/2021/0045 — service charge decision
In LON/00AP/LSC/2021/0045, decided 27 May 2021, the First-tier Tribunal considered 9 disputed service charge items at 28 Newlyn Road, Tottenham, London and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: 28 Newlyn Road, Tottenham, London
Decision date: 27 May 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Fountayne Managing Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Utilities (2021) | £60 | £60 | Allowed in full | — |
| Other charges (2021) | £570 | £570 | Allowed in full | — |
| Repairs & maintenance (2021) | £350 | £350 | conceded | — |
| Repairs & maintenance (2021) | £250 | £250 | conceded | — |
| Cleaning (2021) | £100 | £100 | Allowed in full | — |
| Legal & professional costs (2021) | £420 | £420 | Allowed in full | — |
| Management fees (2021) | £580 | £580 | Allowed in full | — |
| Other charges (2021) | £100 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2021) | £3,082 | £1,138 | conceded | — |
Section 20C order: granted.
Key passages (verbatim)
“The tribunal determines that the amount payable in respect of estimated communal electric/lighting for 2021 is £60.00. Each Applicant to pay 20% of the charge in accordance with the terms of their leases. Amount payable per flat is £12.00.”
“The tribunal determines that the amount payable in respect of the fire prevention system service is reasonable and the estimate is payable. Each flat to pay 20% of the estimated charge. Amount payable per flat is £114.”
“These have been agreed by the Applicants and the Tribunal cannot interfere with their agreement.”
“These have been agreed by the Applicants and the Tribunal cannot interfere with their agreement.”
“The tribunal determines that the amount payable in respect of the estimated charge for window cleaning per flat is £20.”
“The tribunal determines that the amount payable in respect of estimated accounting costs at a rate of 20% each flat is payable. Amount payable per flat is £84.”
“There was no apparent instrument permitting the amendment in paragraphs 1.3 and 1.4.1 of the Seventh Schedule of the ground floor lease which purported to change the liability from 20% to 50% of the total service charge. It was in any event inconsistent with paragraph 29 of the Fourth Schedule of that lease in which the 20% remains without alteration.”
“This suggested service is difficult to reconcile with the terms of the lease, and the Tribunal could not envisage what out of hours service would be provided to leaseholders for an annual fee of £100.”
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.