LON/00BB/LSC/2020/0174 & others — service charge decision
In LON/00BB/LSC/2020/0174 & others, decided 22 January 2021, the First-tier Tribunal considered 28 disputed service charge items at Flat A, 163 Leytonstone Road, London and found largely for the landlord: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat A, 163 Leytonstone Road, London
Decision date: 22 January 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Fountayne Managing Ltd..
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Cleaning (2018) | £162.51 | £146.26 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018) | £70 | £70 | Allowed in full | — |
| Repairs & maintenance (2018) | £440 | £433.75 | Reduced | Other grounds |
| Gardening & grounds (2018) | £87.50 | £87.50 | Allowed in full | — |
| Buildings insurance (2018) | £128.96 | £128.96 | Allowed in full | — |
| Management fees (2018) | £245 | £245 | Allowed in full | — |
| Cleaning (2019) | £218.85 | £218.85 | Allowed in full | — |
| Other charges (2019) | £18.75 | £18.75 | Allowed in full | — |
| Other charges (2019) | £70 | £70 | Allowed in full | — |
| Repairs & maintenance (2019) | £35 | £35 | Allowed in full | — |
| Other charges (2019) | £36 | £36 | Allowed in full | — |
| Gardening & grounds (2019) | £121.25 | £87.50 | Reduced | Costs unreasonably incurred (s19(1)(a)), Duplication of charges |
| Other charges (2019) | £54 | £54 | Allowed in full | — |
| Buildings insurance (2019) | £134.12 | £134.12 | Allowed in full | — |
| Other charges (2019) | £22.50 | £0 | Disallowed entirely | Duplication of charges |
| Other charges (2019) | £32.50 | £32.50 | Allowed in full | — |
| Management fees (2019) | £294 | £294 | Allowed in full | — |
| Cleaning (2020) | £175 | £175 | Allowed in full | — |
| Other charges (2020) | £162.50 | £162.50 | Allowed in full | — |
| Repairs & maintenance (2020) | £162.50 | £162.50 | Allowed in full | — |
| Other charges (2020) | £30 | £30 | Allowed in full | — |
| Gardening & grounds (2020) | £100 | £100 | Allowed in full | — |
| Repairs & maintenance (2020) | £62.50 | £62.50 | Allowed in full | — |
| Cleaning (2020) | £37.50 | £0 | conceded | Not payable under the lease |
| Buildings insurance (2020) | £200 | £200 | Allowed in full | — |
| Other charges (2020) | £105 | £105 | Allowed in full | — |
| Management fees (2020) | £294 | £294 | Allowed in full | — |
| Other charges (2020) | £35 | £35 | Allowed in full | — |
Section 20C order: refused. Section 20ZA dispensation: granted.
Key passages (verbatim)
“The Tribunal took account of the error in respect of invoice number 7398 and reduced the total sum recoverable to £585.04 of which the Respondents' share is £146.26.”
“The Tribunal therefore concluded that the sum of £70 in respect of this item was reasonable and therefore payable by the Respondents.”
“the Tribunal was satisfied that all the costs under this heading had been reasonably incurred and were reasonable and that, therefore, they are payable by the Respondents”
“the scope of the work undertaken and the costs incurred were both reasonable and therefore the sum sought was payable.”
“the insurance cost sought was both reasonable and payable.”
“the figure sought, less than £250 per unit, was well within the range of what was reasonable for a property of this kind.”
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.