LON/00AT/LSC/2020/0322 — service charge decision
In LON/00AT/LSC/2020/0322, decided 24 March 2021, the First-tier Tribunal considered 9 disputed service charge items at Flats 65, 91 and 106, 120 Wood Lane, Isleworth, Middlesex and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 65, 91 and 106, 120 Wood Lane, Isleworth, Middlesex
Decision date: 24 March 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018-19) | £2,482.72 | £2,482.72 | Allowed in full | — |
| Lifts (2018-19) | £1,193.06 | £1,193.06 | Allowed in full | — |
| Utilities (2018-19) | £168 | £168 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £2,352.30 | £1,104.34 | Reduced | Duplication of charges |
| Cleaning (2018-19) | £11,667.48 | £5,500 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2018-19) | £4,680 | £2,340 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2019-20) | £602.30 | £602.30 | Allowed in full | — |
| Cleaning (2019-20) | £14,094.36 | £5,500 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2019-20) | £6,120 | £3,060 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“The tribunal therefore find the sum of £2,482.72 to be reasonable.”
“The tribunal find that the sum of £1,193.06 is a reasonable charge for lift repair and maintenance in 2018/19.”
“the tribunal accept Ms Kelly's evidence evidence that electrical lighting and testing had occurred in 2018/19, and that the charge of £168 is reasonable.”
“The tribunal finds that the sum claimed by the respondent appears to double-count the charges of Millwood and Axis. The tribunal find that a reasonable sum for the communal repairs in 2018/19 is £1,104.34.”
“The tribunal finds that a cost in the region of £224 per week in 2018/19 ... to be unreasonable. Based on the tribunal's knowledge and experience it considers that an appropriate charge for cleaning in each year would be £5,500.”
“The tribunal find, on the basis of the evidence before it, that a reduction of 50% is more than appropriate.”
“The tribunal appreciate that the applicants feel frustrated by the lack of communication with them by the Respondent, which is not good management.”
“It is unfortunate that the Respondent did not provide the invoices to the applicants for the year 2019/2020, even if the applicants did not specifically refer to that year in their statement of case. Again this points to a lack of communication by the Respondent with the leaseholders.”
“The tribunal is also concerned that the sum claimed for 'communal repairs' is in excess of that which should have been claimed, and that the respondent had not realised that the sums set out in the applicants' statement of case were not the sums charged by way of service charge but rather sums being requested by way of refund. This points to inefficient management.”
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.