Decision summary

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

ItemDemandedAllowedOutcomeGrounds
Management fees (2018)£2,400£2,400Allowed in full—
Buildings insurance (2018)£2,560£2,560Allowed in full—
Utilities (2018)£387.33—ReducedNot payable under the lease, Other grounds
Other charges (2018)£360£360Allowed in full—
Repairs & maintenance (2018)£384.91£384.91conceded—
Management fees (2019)£2,400£2,400Allowed in full—
Buildings insurance (2019)£2,640£2,640Allowed in full—
Other charges (2019)£1,600£1,600Allowed in full—
Legal & professional costs (2019)£1,600£1,600Allowed in full—
Repairs & maintenance (2019)£4,105£4,105Allowed in full—
Utilities (2019)£180—ReducedNot payable under the lease, Other grounds
Other charges (2019)£512£512conceded—
Management fees (2020)£2,400£2,400Allowed in full—
Buildings insurance (2020)£3,072£3,072Allowed in full—
Other charges (2020)£3,166£3,166Allowed in full—
Repairs & maintenance (2020)£928.33£696.25ReducedApportionment error
Repairs & maintenance (2020)£840£840Allowed in full—
Utilities (2020)£420—ReducedNot payable under the lease, Other grounds
Administration charges (2020)£800£0Disallowed entirelyNot payable under the lease, Fee excessive for service delivered
Management fees (2021)£2,400£2,400Allowed in full—
Buildings insurance (2021)£3,379.20£3,379.20Allowed in full—
Other charges (2021)£816£816Allowed in full—
Repairs & maintenance (2021)£2,780£0Disallowed entirelyNot payable under the lease
Utilities (2021)£400—ReducedNot payable under the lease, Other grounds
Administration charges (2021)£800£0Disallowed entirelyNot payable under the lease, Fee excessive for service delivered
Management fees (2022)£2,400£2,400Allowed in full—
Buildings insurance (2022)£3,379£3,379Allowed in full—
Other charges (2022)£234£234Allowed in full—
Other charges (2022)£120£120Allowed in full—
Other charges (2022)£648£648Allowed in full—
Other charges (2022)£288£288Allowed in full—
Utilities (2022)£787—ReducedNot payable under the lease, Other grounds
Administration charges (2022)£800£0Disallowed entirelyNot payable under the lease, Fee excessive for service delivered
Management fees (2023)£2,800£2,800Allowed in full—
Buildings insurance (2023)£3,886.08£3,886.08Allowed in full—
Repairs & maintenance (2023)£1,500£1,500Allowed in full—
Repairs & maintenance (2023)£1,800£1,800Allowed in full—
Other charges (2023)£2,750£0Disallowed entirelyNot payable under the lease
Repairs & maintenance (2023)£3,500—ReducedCosts unreasonably incurred (s19(1)(a)), Other grounds
Legal & professional costs (2023)£1,200£0Disallowed entirely—
Other charges (2023)£288£288Allowed in full—
Other charges (2023)£600£600Allowed in full—
Other charges (2023)£1,300£1,300Allowed in full—
Other charges (2023)£300£300Allowed in full—
Other charges (2023)——Allowed in full—
Utilities (2023)£375—ReducedNot payable under the lease, Other grounds
Administration charges (2023)£800£0Disallowed entirelyNot 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.”
On management fees
“The charge was payable and reasonably incurred.”
On buildings insurance
“Twenty percent of the total cost of lighting the area (ie the cost currently divided by two) is recoverable in the service charge.”
On utilities
“The charge was payable and reasonably incurred.”
On other charges
“The Applicant agreed that the charge was reasonable.”
On repairs & maintenance
“The same result obtains as for the previous year… The charge was payable and reasonably incurred.”
On management fees

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.