LON/00BJ/LSC/2023/0048 — service charge decision
In LON/00BJ/LSC/2023/0048, decided 31 August 2023, the First-tier Tribunal considered 9 disputed service charge items at 635A Garratt Lane, London SW18 4SX and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 635A Garratt Lane, London SW18 4SX
Decision date: 31 August 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Aldermartin, Baines and Cuthbert (ABC).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2021-22) | £25,755 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2021-22) | £6,390 | £6,390 | Allowed in full | — |
| Major works (2022-23) | £25,755 | £25,755 | Allowed in full | — |
| Major works (2022-23) | £9,300 | £9,300 | Allowed in full | — |
| Management fees (2021-22) | £1,680 | £1,680 | Allowed in full | — |
| Management fees (2022-23) | £1,680 | £1,680 | Allowed in full | — |
| Administration charges (2022-23) | £90 | £0 | conceded | — |
| Administration charges (2022-23) | £360 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Repairs & maintenance (2021-22) | — | £-5,664 | Allowed in full | Other grounds |
Key passages (verbatim)
“The inclusion of £25,755 for planned external works is entirely artificial, as the financial year had already ended. It was unreasonable to include this item in the revised budget when ABC knew the works had not been undertaken in 2021/22.”
“The applicant also agreed the sum claimed for major works in Schedule B of the amended 2021/22 budget (£6,390). This relates to the FRA Works that have been completed.”
“The major works item in Schedule A of the revised 2022/23 budget (£25,755) is reasonable and payable.”
“The major works item in Schedule A of the revised 2022/23 budget (£25,755) is reasonable and payable, as is the major works item in Schedule B (£9,300).”
“The advance management fees of £1,680 per annum are reasonable and payable, notwithstanding that some of the services might be outside the scope of the lease.”
“The advance management fees of £1,680 per annum are reasonable and payable, notwithstanding that some of the services might be outside the scope of the lease.”
“The respondent's bundle did not include an index, their statement of case or witness statement. Rather these were lodged separately. All of this made navigating the documents unnecessarily difficult.”
“the applicant's schedule of disputed service charges was extremely limited. It did not identify specific items/amounts in dispute, give supporting reasons or state the amount he would pay, if any, for each disputed item.”
“A copy of the Greenwood Schedule was included in the respondent's bundle but was faint and difficult to read.”
“it is appropriate to highlight a potential conflict of interests in that Brady acted for the applicant on the 2018 lease extension but now act against him on the service charges. Not only did they write to him in 2022, but they also act for the respondent on the County Court proceedings. The parties may wish to take this up with Brady.”
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.