LON/00AW/LSC/2023/0200 — service charge decision
In LON/00AW/LSC/2023/0200, decided 22 January 2024, the First-tier Tribunal considered 31 disputed service charge items at Flat 7 and Flat 1, 28 Lower Addison Gardens, London, W14 9BQ and reached a mixed result: 21 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 7 and Flat 1, 28 Lower Addison Gardens, London, W14 9BQ
Decision date: 22 January 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Craig Sheehan.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2015) | £1,322 | £900 | Reduced | Landlord could not evidence the cost |
| Management fees (2015) | £2,776 | £2,498.40 | Reduced | Fee excessive for service delivered |
| Reserve fund contributions (2015) | — | £0 | conceded | Not payable under the lease |
| Management fees (2016) | £2,915 | £2,623.50 | Reduced | Fee excessive for service delivered |
| Reserve fund contributions (2016) | — | £0 | conceded | Not payable under the lease |
| Management fees (2017) | £3,249 | £3,086.10 | Reduced | Fee excessive for service delivered |
| Buildings insurance (2017) | £105 | £0 | Disallowed entirely | Demand formally invalid, Not payable under the lease |
| Reserve fund contributions (2017) | — | £0 | conceded | Not payable under the lease |
| Management fees (2018) | £4,050 | £2,835 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2018) | — | £0 | conceded | Not payable under the lease |
| Management fees (2019) | £4,050 | £3,240 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2019) | £410 | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Other charges (2019) | £144 | £72 | Reduced | Other grounds |
| Reserve fund contributions (2019) | — | £0 | conceded | Not payable under the lease |
| Other charges (2019) | — | — | Reduced | Section 20B 18-month time limit |
| Management fees (2020) | £4,500 | £3,645 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2020) | £155 | £0 | Disallowed entirely | Demand formally invalid, Not payable under the lease |
| Other charges (2020) | £144 | £72 | Reduced | Other grounds |
| Reserve fund contributions (2020) | — | £0 | conceded | Not payable under the lease |
| Management fees (2021) | £4,725 | £3,645 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2021) | £100 | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Other charges (2021) | £144 | £72 | Reduced | Other grounds |
| Reserve fund contributions (2021) | — | £0 | conceded | Not payable under the lease |
| Management fees (2022) | £4,725 | £4,050 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2022) | — | £0 | conceded | Other grounds |
| Other charges (2022) | £144 | £72 | Reduced | Other grounds |
| Management fees (2023) | £4,725 | £4,050 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2023) | £480 | £480 | Allowed in full | — |
| Other charges (2023) | £144 | £72 | Reduced | Other grounds |
| Buildings insurance (2023) | £7,460 | £7,460 | Allowed in full | — |
| Administration charges | — | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“In respect of the Matrix invoice, Mr. Newell told the Tribunal that there was a structural issue which Craig Sheehan needed to investigate, but he could not say what it was, the report was not available at the hearing and he did not remember what the issue was.”
“The Tribunal makes a deduction of 10% and finds that the amount of £2,498.40 would have been a reasonable charge”
“the charges in respect of Director Liability Insurance and Reserve Fund were conceded by the Respondent”
“The Tribunal makes a deduction of 10% and finds that the amount of £2,623.50 would have been a reasonable charge”
“the charges in respect of Director Liability Insurance and Reserve Fund were conceded by the Respondent”
“The Tribunal makes a deduction of 10% and finds that the amount of £3,086.10 would have been a reasonable charge”
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.