Decision summary

LON/00AZ/LSC/2020/0317 — service charge decision

In LON/00AZ/LSC/2020/0317, decided 18 May 2021, the First-tier Tribunal considered 6 disputed service charge items at Flat 3, 17 Eastdown Park, London, SE13 5HU and found largely for the leaseholder: 6 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 3, 17 Eastdown Park, London, SE13 5HU
Decision date: 18 May 2021
Full decision: Read on GOV.UK

Managing agent named in the decision: 17 Eastdown Park RTM Company Limited (Ms Anette Bartha, director).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2020)£382.01£0Disallowed entirelyDemand formally invalid
Legal & professional costs (2020)£214.50£0Disallowed entirelyDemand formally invalid
Major works (2020)£1,000£0Disallowed entirelyDemand formally invalid
Major works (2020)£2,923£0Disallowed entirelyDemand formally invalid
Legal & professional costs (2020)£168£0Disallowed entirelyDemand formally invalid
Administration charges (2020)£81.24£0Disallowed entirelyDemand formally invalid

Section 20C order: granted.

Key passages (verbatim)

“no proper service charge demands have been served on the Applicant … no valid demands”
On repairs & maintenance
“no proper service charge demands have been served on the Applicant”
On legal & professional costs
“no service charge demand for the works was issued to him, and in oral evidence he could not explain what this charge was for”
On major works
“no service charge demands were issued for this amount”
On major works
“these were not validly claimed, as they are for a legal letter chasing him for fees that has not been demanded”
On legal & professional costs
“he was in credit at the time this was incurred … not liable for this interest charge”
On administration charges
“It was noted that the Respondent had failed to comply properly with directions. In particular she had not provided invoices, service charge demands, a legal submission, or a signed statement. Nor had she provided any comments on the Applicant's Schedule [1] in response to the items disputed by him. The directions had ordered the Respondent to be responsible for preparing a digital indexed and paginated hearing bundle. Instead, the Tribunal received various individual documents.”
Of Respondent ( / 17 Eastdown Park RTM Company Limited)
“the management of the block was muddled, ad hoc, and contrary to the terms of the lease.”
Of Respondent (RTM management generally)
“The document the Respondent refers to as a witness statement is neither dated nor signed. Nor does it give the name of the person who produced the document.”
Of Respondent witness statement

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.