LON/00AW/LSC/2022/0267 — service charge decision
In LON/00AW/LSC/2022/0267, decided 31 August 2023, the First-tier Tribunal considered 3 disputed service charge items at Flat 2, 20 Gledhow Gardens, London SW5 0AZ and found largely for the leaseholder: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 2, 20 Gledhow Gardens, London SW5 0AZ
Decision date: 31 August 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: RMG London (RMG House).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | £8,663.20 | £0 | Disallowed entirely | Other grounds |
| Administration charges | £636 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Legal & professional costs | £2,100 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Key passages (verbatim)
“The tribunal finds the sums of arrears of service charge/reserve fund were paid in full by the respondent as of 3 June 2021.”
“The tribunal finds the administration charges of £636.00 and contractual costs of £2,100 are not payable by the respondent.”
“The tribunal finds the contractual costs of £2,100 have not been explained adequately or at all by the applicant.”
“the tribunal finds the applicant's agent failed to allocate the sum correctly or make any reasonable enquiries as to which account the sum was to be allocated and simply kept it in its own account until it was queried by the parties.”
“The tribunal finds the applicant has failed to explain when and how the administration charges were incurred. Although, Statements of the Service Charges were provided by the applicant, the tribunal finds these are not, without further explanation a reliable source of evidence.”
“the applicant included a court fee of £100 on 15/07/2021 on the respondent's service charge account, although this sum had not been incurred as at that date.”
“The tribunal would reasonably expect the applicant to have liaised with its agent as to any payments received from the respondent before issuing its claim over two months after the respondent had made payment.”
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.