LON/00AR/LSC/2019/0400 — service charge decision
In LON/00AR/LSC/2019/0400, decided 30 November 2020, the First-tier Tribunal considered 10 disputed service charge items at Flat 9, York House, Western Road, Romford, Essex and found largely for the leaseholder: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 9, York House, Western Road, Romford, Essex
Decision date: 30 November 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: York House Flat Management 2015 Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2017-18 & 2018-19) | — | — | Disallowed entirely | Demand formally invalid |
| Gardening & grounds (2017-18 & 2018-19) | — | — | Allowed in full | — |
| Repairs & maintenance (2017-18 & 2018-19) | — | £590 | Reduced | Duplication of charges |
| Repairs & maintenance (2017-18 & 2018-19) | — | — | Allowed in full | — |
| Repairs & maintenance (2017-18 & 2018-19) | — | — | Allowed in full | — |
| Repairs & maintenance (2017-18 & 2018-19) | — | — | Allowed in full | — |
| Other charges (2017-18 & 2018-19) | — | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Utilities (2017-18 & 2018-19) | — | — | Allowed in full | — |
| Other charges (2017-18 & 2018-19) | — | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2017-18 & 2018-19) | — | £0 | Disallowed entirely | Not payable under the lease |
Section 20C order: granted.
Key passages (verbatim)
“the various demands for payment of service charge and ground rent for the service charge years 2017/18 and 2018/19 do not correctly identify the landlord to whom the sums are payable and do not provide the name and address of the land as required by section 47 of the Landlord and Tenant Act 1987.”
“The tribunal finds that this sum is reasonable and is payable in full.”
“the tribunal finds that there is a degree of duplication in the presentation of two similar bills for similar roof repairs and therefore allows only the larger of the two amounts.”
“The tribunal finds that this cost is reasonable and payable. Although the cause of the broken window was attributed to the gardeners the tribunal finds that the actual cause has not been able to be ascertained.”
“The tribunal finds this sum is reasonable and payable.”
“The tribunal finds that this sum is reasonable and payable.”
“The tribunal finds that the applicant unnecessarily and unreasonably decided to arrange a larger overdraft facility than was required.”
“the various demands for payment of service charge and ground rent for the service charge years 2017/18 and 2018/19 do not correctly identify the landlord to whom the sums are payable and do not provide the name and address of the land as required by section 47 of the Landlord and Tenant Act 1987.”
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.