LON/00BH/LSC/2020/0169 — service charge decision
In LON/00BH/LSC/2020/0169, decided 10 November 2020, the First-tier Tribunal considered 7 disputed service charge items at 16 Royal House, 49 Church Road, London E10 5JL and found largely for the leaseholder: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 16 Royal House, 49 Church Road, London E10 5JL
Decision date: 10 November 2020
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Utilities (2014-15) | £257.53 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2015-16) | £-73.58 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2016-17) | £85.84 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2017-18) | £187.03 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2018-19) | £226.22 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2019-20) | £47.10 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2020-21) | £265.67 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“The disputed service charges for water consumption charges are unreasonable and the applicant is not liable under the terms of the lease of the property to pay the service charges as demanded for the years in dispute.”
“It was apparent to the tribunal that there had been a long history of the applicant querying this charge with little or no response from the respondent. Indeed, the applicant has resorted to a complaint to the Ombudsman along with taking steps under legislation that exists to protect leaseholders. However, it has taken this application to reach a resolution notwithstanding the leaseholder first raised this issue several years ago.”
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.