Decision summary

LON/00BE/LSC/2022/0268 — service charge decision

In LON/00BE/LSC/2022/0268, decided 9 May 2023, the First-tier Tribunal considered 6 disputed service charge items at 63 Wells Way, London SE5 7GB and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 63 Wells Way, London SE5 7GB
Decision date: 9 May 2023
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Management fees (2018-2021)——ReducedFee excessive for service delivered, Costs unreasonably incurred (s19(1)(a))
Gardening & grounds (2020-2021)——ReducedPoor standard of work, Costs unreasonably incurred (s19(1)(a))
Repairs & maintenance (2020-2021)——ReducedPoor standard of work, Costs unreasonably incurred (s19(1)(a))
Repairs & maintenance (2021-2022)——ReducedPoor standard of work, Costs unreasonably incurred (s19(1)(a))
Repairs & maintenance (2018-2019)——Disallowed entirelyCosts unreasonably incurred (s19(1)(a)), Poor standard of work
Other charges——Allowed in full—

Section 20C order: granted.

Key passages (verbatim)

“The Tribunal considers that there was no proper management during the relevant period. This was reflected in the persistent fly tipping issue, the rubbish being left in the garden, the scaffolding being erected and then removed and the accounts not being provided on time. We deduct 50% of the management for the full relevant period.”
On management fees
“During 2020-2021 this service was found particularly wanting. Rubbish was left in the gardens attracting rats and a cabin was left for six months. It was not possible for the residents to use the garden in this period. A 20% deduction for the fee in 2020-2021 is made.”
On gardening & grounds
“These repairs were unsuccessful and leaks continued also the roof insulation failed. The scaffolding was removed after it hadn't been used. The Tribunal makes a 20% deduction in the costs for 2020-2021 and 2021-2022.”
On repairs & maintenance
“These repairs were unsuccessful and leaks continued also the roof insulation failed. The scaffolding was removed after it hadn't been used. The Tribunal makes a 20% deduction in the costs for 2020-2021 and 2021-2022.”
On repairs & maintenance
“The costs in 2018-2019 are disallowed entirely.”
On repairs & maintenance
“The sums claimed were reasonable. The Respondents had capped the costs below the s.20 level.”
On other charges
“The Tribunal considers that there was no proper management during the relevant period. This was reflected in the persistent fly tipping issue, the rubbish being left in the garden, the scaffolding being erected and then removed and the accounts not being provided on time.”
Of Peabody Trust (management)
“During 2020-2021 this service was found particularly wanting. Rubbish was left in the gardens attracting rats and a cabin was left for six months. It was not possible for the residents to use the garden in this period.”
Of Peabody Trust (gardening/grounds maintenance)
“These repairs were unsuccessful and leaks continued also the roof insulation failed. The scaffolding was removed after it hadn't been used.”
Of Peabody Trust (fabric repairs)

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.