LON/00BH/LSC/2023/0165 — service charge decision
In LON/00BH/LSC/2023/0165, decided 22 November 2023, the First-tier Tribunal considered 10 disputed service charge items at 49C Vicarage Road, London E10 5EF and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 49C Vicarage Road, London E10 5EF
Decision date: 22 November 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Gateway Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2017-18) | £604.59 | £604.59 | Allowed in full | — |
| Buildings insurance (2018-19) | £520.45 | £520.45 | Allowed in full | — |
| Buildings insurance (2019-20) | £534.91 | £534.91 | Allowed in full | — |
| Buildings insurance (2020-21) | £534.80 | £534.80 | Allowed in full | — |
| Repairs & maintenance (2017-18) | £597.97 | £0 | Disallowed entirely | Demand formally invalid |
| Repairs & maintenance (2018-19) | £631.74 | £0 | Disallowed entirely | Demand formally invalid |
| Repairs & maintenance (2019-20) | £552.46 | £0 | Disallowed entirely | Demand formally invalid |
| Repairs & maintenance (2020-21) | £469.50 | £0 | Disallowed entirely | Demand formally invalid |
| Major works (2021) | £6,793.80 | £0 | Disallowed entirely | Demand formally invalid |
| Legal & professional costs (2016) | £300 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Key passages (verbatim)
“The tribunal finds the demands for payment of additional rent in respect of the insurance payments have been properly demanded and are payable by the respondent”
“The tribunal finds the demands for payment of additional rent in respect of the insurance payments have been properly demanded and are payable by the respondent”
“The tribunal finds the demands for payment of additional rent in respect of the insurance payments have been properly demanded and are payable by the respondent”
“The tribunal finds the demands for payment of additional rent in respect of the insurance payments have been properly demanded and are payable by the respondent”
“the service charge year has been defined by the applicant to be 1 June of one year to 31 May of the next and not 1 January of one year to 31 December of the same year as set out in the lease”
“the service charge year has been defined by the applicant to be 1 June of one year to 31 May of the next and not 1 January of one year to 31 December of the same year as set out in the lease”
“as the demand made by the applicant contained sums incorrectly demanded. The tribunal finds this sum of £300 is unreasonable and not payable by the respondent.”
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.