LON/00BB/LSC/2023/0244 & others — service charge decision
In LON/00BB/LSC/2023/0244 & others, decided 31 January 2024, the First-tier Tribunal considered 47 disputed service charge items at Flat 3, 317 Barking Road, London E13 8EE and gave a decision: 15 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 317 Barking Road, London E13 8EE
Decision date: 31 January 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Westcolt Surveyors.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2018) | £2,400 | £2,400 | Allowed in full | — |
| Buildings insurance (2018) | £2,560 | £2,560 | Allowed in full | — |
| Utilities (2018) | £387.33 | — | Reduced | Not payable under the lease, Other grounds |
| Other charges (2018) | £360 | £360 | Allowed in full | — |
| Repairs & maintenance (2018) | £384.91 | £384.91 | conceded | — |
| Management fees (2019) | £2,400 | £2,400 | Allowed in full | — |
| Buildings insurance (2019) | £2,640 | £2,640 | Allowed in full | — |
| Other charges (2019) | £1,600 | £1,600 | Allowed in full | — |
| Legal & professional costs (2019) | £1,600 | £1,600 | Allowed in full | — |
| Repairs & maintenance (2019) | £4,105 | £4,105 | Allowed in full | — |
| Utilities (2019) | £180 | — | Reduced | Not payable under the lease, Other grounds |
| Other charges (2019) | £512 | £512 | conceded | — |
| Management fees (2020) | £2,400 | £2,400 | Allowed in full | — |
| Buildings insurance (2020) | £3,072 | £3,072 | Allowed in full | — |
| Other charges (2020) | £3,166 | £3,166 | Allowed in full | — |
| Repairs & maintenance (2020) | £928.33 | £696.25 | Reduced | Apportionment error |
| Repairs & maintenance (2020) | £840 | £840 | Allowed in full | — |
| Utilities (2020) | £420 | — | Reduced | Not payable under the lease, Other grounds |
| Administration charges (2020) | £800 | £0 | Disallowed entirely | Not payable under the lease, Fee excessive for service delivered |
| Management fees (2021) | £2,400 | £2,400 | Allowed in full | — |
| Buildings insurance (2021) | £3,379.20 | £3,379.20 | Allowed in full | — |
| Other charges (2021) | £816 | £816 | Allowed in full | — |
| Repairs & maintenance (2021) | £2,780 | £0 | Disallowed entirely | Not payable under the lease |
| Utilities (2021) | £400 | — | Reduced | Not payable under the lease, Other grounds |
| Administration charges (2021) | £800 | £0 | Disallowed entirely | Not payable under the lease, Fee excessive for service delivered |
| Management fees (2022) | £2,400 | £2,400 | Allowed in full | — |
| Buildings insurance (2022) | £3,379 | £3,379 | Allowed in full | — |
| Other charges (2022) | £234 | £234 | Allowed in full | — |
| Other charges (2022) | £120 | £120 | Allowed in full | — |
| Other charges (2022) | £648 | £648 | Allowed in full | — |
| Other charges (2022) | £288 | £288 | Allowed in full | — |
| Utilities (2022) | £787 | — | Reduced | Not payable under the lease, Other grounds |
| Administration charges (2022) | £800 | £0 | Disallowed entirely | Not payable under the lease, Fee excessive for service delivered |
| Management fees (2023) | £2,800 | £2,800 | Allowed in full | — |
| Buildings insurance (2023) | £3,886.08 | £3,886.08 | Allowed in full | — |
| Repairs & maintenance (2023) | £1,500 | £1,500 | Allowed in full | — |
| Repairs & maintenance (2023) | £1,800 | £1,800 | Allowed in full | — |
| Other charges (2023) | £2,750 | £0 | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2023) | £3,500 | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Legal & professional costs (2023) | £1,200 | £0 | Disallowed entirely | — |
| Other charges (2023) | £288 | £288 | Allowed in full | — |
| Other charges (2023) | £600 | £600 | Allowed in full | — |
| Other charges (2023) | £1,300 | £1,300 | Allowed in full | — |
| Other charges (2023) | £300 | £300 | Allowed in full | — |
| Other charges (2023) | — | — | Allowed in full | — |
| Utilities (2023) | £375 | — | Reduced | Not payable under the lease, Other grounds |
| Administration charges (2023) | £800 | £0 | Disallowed entirely | Not payable under the lease, Fee excessive for service delivered |
Key passages (verbatim)
“The Tribunal accepts Mr Ali's evidence that the invoice for £1,800 was erroneously issued in 2019… Applying the expertise of the Tribunal… the Tribunal is satisfied that that is within the reasonable range of fees for a property of this type. This cost is chargeable to the service charge and reasonable in amount.”
“The charge was payable and reasonably incurred.”
“Twenty percent of the total cost of lighting the area (ie the cost currently divided by two) is recoverable in the service charge.”
“The charge was payable and reasonably incurred.”
“The Applicant agreed that the charge was reasonable.”
“The same result obtains as for the previous year… The charge was payable and reasonably incurred.”
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.