Decision summary

LON/00BD/LSC/2022/0239 — service charge decision

In LON/00BD/LSC/2022/0239, decided 4 December 2023, the First-tier Tribunal considered 8 disputed service charge items at Flat 3, 147 Uxbridge Road, London TW12 1BQ and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 3, 147 Uxbridge Road, London TW12 1BQ
Decision date: 4 December 2023
Full decision: Read on GOV.UK

Managing agent named in the decision: Dexters.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Gardening & grounds (2018)£270.65£250ReducedNo Section 20 consultation
Cleaning (2018)£59.98£59.98Allowed in full—
Buildings insurance (2018)£3,499.56£1,995.91ReducedUndisclosed insurance commission, Costs unreasonably incurred (s19(1)(a))
Buildings insurance (2019)——Allowed in full—
Buildings insurance (2020)——Allowed in full—
Management fees (2018-2020)——Allowed in full—
Repairs & maintenance (2018)£84.78£0Disallowed entirelyNot payable under the lease
Administration charges——Withdrawn—

Key passages (verbatim)

“we are prepared therefore to accept that (h) does extend to include these works as being of benefit for the tenants and occupiers of the buildings but that they are caught by the section 20 provisions and that therefore Ms. Wood's contribution is limited to £250”
On gardening & grounds
“we are prepared to accept that there must have been some cleaning even if it may not have been as good as it should have been and therefore find the sum of £59.98 is payable for this year”
On cleaning
“the insurance that is recorded as £3,499.56 should be reduced to the premium which is referred to by Mr Ferzoli in his witness statement at paragraph 7 of £1,995.91. We therefore disallow the difference which is £1,503.65 and in Ms. Wood's case a reduction of £200.”
On buildings insurance
“We see no merit in any of the challenges to the subsequent insurance and indeed Ms. Wood did not really pursue that.”
On buildings insurance
“We see no merit in any of the challenges to the subsequent insurance and indeed Ms. Wood did not really pursue that.”
On buildings insurance
“whilst Ms. Wood may consider that the service has not been to her satisfaction, we are satisfied that given the sum charged the costs are reasonable and are payable.”
On management fees
“The lack of transparency must be held against the applicants in this case.”
Of Applicant / managing agents (insurance transparency)
“Although in the letters from Leasehold Debt Recovery from 2020 onwards they indicate that Ms. Wood is in breach of the terms of the lease, they make no reference to the lease terms, which they say she is in breach of.”
Of Leasehold Debt Recovery (letters before action)
“there is no indication on their headed notepaper that they are a firm of solicitors or in any way registered with the solicitors regulatory authority.”
Of Leasehold Debt Recovery (professional status)

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.