LON/00BA/LSC/2019/0366 — service charge decision
In LON/00BA/LSC/2019/0366, decided 9 April 2020, the First-tier Tribunal considered 28 disputed service charge items at Flat 4, 16 Arterberry Road, London, SW20 8AJ and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 4, 16 Arterberry Road, London, SW20 8AJ
Decision date: 9 April 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Urang Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2017-18) | £3,500 | £3,500 | Allowed in full | — |
| Repairs & maintenance (2017-18) | £4,435.20 | £4,435.20 | Allowed in full | — |
| Cleaning (2017-18) | £2,000 | £2,000 | Allowed in full | — |
| Cleaning (2017-18) | £95 | £95 | Allowed in full | — |
| Gardening & grounds (2017-18) | £1,872 | £1,872 | Allowed in full | — |
| Gardening & grounds (2017-18) | £225 | £225 | Allowed in full | — |
| Other charges (2017-18) | £2,850 | £2,695 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Reserve fund contributions (2017-18) | £20,000 | £20,000 | Allowed in full | — |
| Reserve fund contributions (2017-18) | £19,052.08 | £19,052.08 | Allowed in full | — |
| Major works (2017-18) | £3,150 | £3,150 | Allowed in full | — |
| Buildings insurance (2017-18) | £4,000 | £4,000 | Allowed in full | — |
| Buildings insurance (2017-18) | £3,256.10 | £3,256.10 | Allowed in full | — |
| Management fees (2017-18) | £2,100 | £2,100 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £3,000 | £3,000 | Allowed in full | — |
| Repairs & maintenance (2018-19) | £6,024.70 | £6,024.70 | Allowed in full | — |
| Other charges (2018-19) | £1,200 | £1,200 | Allowed in full | — |
| Other charges (2018-19) | £1,764.60 | £1,764.60 | Allowed in full | — |
| Cleaning (2018-19) | £2,100 | £2,100 | Allowed in full | — |
| Cleaning (2018-19) | £390 | £390 | Allowed in full | — |
| Gardening & grounds (2018-19) | £1,872 | £1,872 | Allowed in full | — |
| Gardening & grounds (2018-19) | £3,876 | £3,876 | Allowed in full | — |
| Other charges (2018-19) | £540 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018-19) | £240 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018-19) | £5,000 | £5,000 | Allowed in full | — |
| Buildings insurance (2018-19) | £5,079.52 | £5,079.52 | Allowed in full | — |
| Management fees (2018-19) | £2,250 | £2,100 | Reduced | Not payable under the lease |
| Legal & professional costs (2018-19) | £312 | £312 | Allowed in full | — |
| Other charges (2003-2017) | £16,591.51 | £0 | Disallowed entirely | Not payable under the lease, Other grounds |
Section 20C order: refused.
Key passages (verbatim)
“We see no reason to question the sums identified in the invoices provided, and in the absence of any substantive challenge from Mrs GordenGordon, we determine that both the budgeted costs and the actual costs incurred are reasonable in amount and payable by her.”
“We see no reason to question the sums identified in the invoices provided, and in the absence of any substantive challenge from Mrs GordenGordon, we determine that both the budgeted costs and the actual costs incurred are reasonable in amount and payable by her.”
“it was reasonable for Mr Cleaver, as an incoming manager, to set a budget in the amount of £2,000, which equates to approximately £9.60 per week to Mrs GordenGordon.”
“Mrs GordenGordon did not challenge the actual spend of £95”
“the budgeted sum was reasonable, given that Mr Cleaver was an incoming manager, and given the difficulties he states he experienced in obtaining accounting information”
“we consider the amount reasonable for the work carried out, especially given that this was the only maintenance carried out over an approximately five-month period.”
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.