LON/00BJ/LSC/2021/0011 — service charge decision
In LON/00BJ/LSC/2021/0011, decided 14 May 2021, the First-tier Tribunal considered 7 disputed service charge items at Flat C, 741 Garratt Lane, Earlsfield, London and found largely for the leaseholder: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat C, 741 Garratt Lane, Earlsfield, London
Decision date: 14 May 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2020) | £5,107 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid, Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2020) | £1,022.50 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid, Landlord could not evidence the cost |
| Legal & professional costs (2020) | £540 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid, Landlord could not evidence the cost, Apportionment error |
| Other charges (2020) | £2,880 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Demand formally invalid, Not payable under the lease, Apportionment error |
| Repairs & maintenance (2020) | £1,977.60 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid |
| Repairs & maintenance (2020) | £367.65 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid, Landlord could not evidence the cost |
| Utilities (2020) | £183.34 | £0 | Disallowed entirely | Section 20B 18-month time limit, Demand formally invalid, Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The tribunal determines that the amount payable in respect of legal fees is £00.00 (nil).”
“The tribunal determines that the amount payable in respect of tribiunal fees is £0.00 (nil).”
“The tribunal determines that the amount payable in respect of accountant fees is £0.00 (nil).”
“The tribunal determines that the amount payable in respect of debt collection services is £00.00 (nil).”
“The tribunal determines that the amount payable in respect of roof repairs is £00.00 (nil).”
“The tribunal determines that the amount payable in respect of other repairs is £00.00 (nil).”
“For some reason that the tribunal cannot understand, the respondent has not taken account of the decisions issued by the tribunal. It refuses to accept that it has obligations to the applicant under the Landlord and Tenant Act 1985, in particular obligations to serve valid service charge demands and comply with the terms of the lease. It continues to repeat that this is a dispute between freeholders and that the tribunal has no jurisdiction. If it had followed the advice of the tribunal it would have been able to recover reasonable sums for services provided and it would not have incurred costs that are not recoverable.”
“The tribunal strongly suggests that the respondent seek the advice of a solicitor who has expertise in leasehold law and ensure that the property is managed in accordance with the law in the future.”
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.