LON/00AY/LSC/2020/0369 — service charge decision
In LON/00AY/LSC/2020/0369, decided 9 July 2021, the First-tier Tribunal considered 4 disputed service charge items at Flat 3, 31 Thurlow Park Road, London SE21 8JP and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 31 Thurlow Park Road, London SE21 8JP
Decision date: 9 July 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: B Bailey & Co Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018-19) | £600 | £600 | Allowed in full | — |
| Other charges (2019-20) | £1,372.50 | £1,372.50 | Allowed in full | — |
| Major works (2018-19) | £875.70 | — | Disallowed entirely | Other grounds |
| Legal & professional costs (2019-20) | £5,693.52 | £4,423.52 | Reduced | Costs unreasonably incurred (s19(1)(a)), Fee excessive for service delivered |
Section 20C order: refused.
Key passages (verbatim)
“the service charge balancing sum for the period 24th June 2018 to 23rd June 2019 in the sum of £600”
“for the period 24th June 2019 to 23rd June 2020 the sum of £1,372.50 which the totality of the service charge for that period”
“we consider that we do not have jurisdiction to consider this sum of £875.70, it having been paid by the Respondent and therefore falling within the provisions of section 27A(4).”
“This gives a total figure of costs on an inclusive basis of £4,423.52.”
“Of concern to us was the fact that this has not been signed by a partner in the firm.”
“The fees of Lorretta Cobson Grade C and Emma Voce Grade C are above those contained in the national guidelines for Nottingham National Grade 1.”
“the letters out and emails which are suggested to have been 7 ½ hours equalling some 45 letters and emails. Whilst this matter may have been running for a year that seems an excessive amount to my view.”
“We consider Counsel's fees to be excessive for this nature of case. We accept that Mr Blakeney is an experienced Barrister in dealing with these claims but this is after all a claim in the sum of under £2,000 and a Counsel's fee of £2,500 seems to us to be excessive.”
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.