LON/00BJ/LSC/2021/0143 — service charge decision
In LON/00BJ/LSC/2021/0143, decided 21 December 2021, the First-tier Tribunal considered 42 disputed service charge items at 46 Falcon Road, London SW11 2LR and reached a mixed result: 27 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 46 Falcon Road, London SW11 2LR
Decision date: 21 December 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: ABC Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2018) | £3,617 | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2019) | — | — | Allowed in full | — |
| Buildings insurance (2020) | — | — | Allowed in full | — |
| Buildings insurance (2021) | — | — | Allowed in full | — |
| Other charges (2018) | £31 | — | Allowed in full | — |
| Other charges (2019) | £335 | — | Allowed in full | — |
| Other charges (2020) | £352.80 | — | Allowed in full | — |
| Other charges (2021) | £353 | — | Allowed in full | — |
| Administration charges (2018) | £46 | — | Allowed in full | — |
| Administration charges (2019) | £626 | — | Allowed in full | — |
| Administration charges (2020) | £600 | — | Allowed in full | — |
| Administration charges (2021) | £600 | — | Allowed in full | — |
| Other charges (2018) | £275 | £150 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2019) | £1,280 | £150 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £1,872 | £150 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | £1,872 | £150 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2018) | £8,054 | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2019) | £9,714 | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2020) | £9,979.66 | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2021) | £10,129 | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Legal & professional costs (2018) | £900 | £900 | Allowed in full | — |
| Legal & professional costs (2019) | £1,288 | £900 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2020) | £1,288 | £900 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2018) | £600 | — | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2018) | £2,022 | £1,140 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Cleaning (2019) | £4,497 | £3,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Cleaning (2020) | £7,406.14 | £3,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Cleaning (2021) | — | £3,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Other charges (2019) | — | — | Disallowed entirely | Works not necessary |
| Other charges (2021) | — | — | Disallowed entirely | Works not necessary |
| Repairs & maintenance (2018) | — | £1,731 | Reduced | Costs unreasonably incurred (s19(1)(a)), Historic neglect |
| Utilities (2018) | £13,707 | — | Allowed in full | — |
| Utilities (2019) | £10,761 | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2019) | £4,455 | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2020) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2020) | £2,884 | £1,053.80 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Legal & professional costs (2019) | £600 | — | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2020) | £720 | — | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs (2021) | £1,224 | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2021) | £600 | £600 | Allowed in full | — |
| Reserve fund contributions (2021) | £25,000 | £12,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Lifts (2019) | £1,746 | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal noted the concession which was made by Mr Davidoff that the Insurance for 2018 ought to have been pro-rata.”
“The Tribunal did not accept that the premiums were not reasonable and payable.”
“The tribunal found the insurance to be reasonable and payable.”
“The tribunal found the insurance to be reasonable and payable.”
“The Tribunal determined that this sum was reasonable and payable.”
“The Tribunal determined that this sum was reasonable and payable.”
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.