LON/00BA/LSC/2021/0062 — service charge decision
In LON/00BA/LSC/2021/0062, decided 6 October 2021, the First-tier Tribunal considered 7 disputed service charge items at Various Properties, Aventine Avenue, Mitcham, Surrey, CR4 and found largely for the landlord: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: Various Properties, Aventine Avenue, Mitcham, Surrey, CR4
Decision date: 6 October 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Treehouse Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2013-2021) | £11,596 | £11,596 | Allowed in full | — |
| Reserve fund contributions (2016-2020) | £114,426 | £114,426 | Allowed in full | — |
| Legal & professional costs (2016-2019) | £7,200 | £7,200 | Allowed in full | — |
| Other charges (2019-2020) | £1,930 | — | Reduced | Apportionment error, Not payable under the lease |
| Utilities (2019-2020) | £50,000 | £50,000 | Allowed in full | — |
| Other charges (2020-2021) | £14,000 | £14,000 | Allowed in full | — |
| Other charges (2016-2020) | £20,000 | £20,000 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“The tribunal determines that the amount charged in respect of the accounts is payable and reasonable.”
“The tribunal determines that it was a reasonable decision to pay the surplus service charges into the reserve fund.”
“The tribunal determines that the amount charged for the certification of the accounts is reasonable and payable.”
“The tribunal determines that the applicants should be refunded the charges for the bin store... the bin store was for the use of Minerva House residents only and that therefore the charge should have been made as a block rather than an estate charge.”
“The tribunal determines that the amount payable in respect of heating charges 2019 and 2020 is payable and reasonable.”
“The tribunal determines that the amount payable in respect of contingency charges for accounting services is reasonable and reasonably incurred.”
“In the tribunal's view the challenge is misconceived. It appears to it that the applicants are using the failure to certify as an attack on the competence of the current directors.”
“The tribunal listened carefully to the evidence of Ms Premila Maudhoo and read her statement but found it very difficult to understand her explanation of why the money was payable.”
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.