LON/00BK/LSC/2018/0365 — service charge decision
In LON/00BK/LSC/2018/0365, decided 22 November 2022, the First-tier Tribunal considered 39 disputed service charge items at Flat 5, 41 Craven Hill Gardens, London W2 3EA and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 5, 41 Craven Hill Gardens, London W2 3EA
Decision date: 22 November 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: FW Gapp.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2016/17) | £360 | — | conceded | Not payable under the lease |
| Legal & professional costs (2016/17) | £1,572.60 | — | conceded | Not payable under the lease |
| Legal & professional costs (2016/17) | £25 | — | conceded | Not payable under the lease |
| Other charges (2016/17) | £100 | — | conceded | Not payable under the lease |
| Other charges (2016/17) | £260 | — | Allowed in full | — |
| Buildings insurance (2016/17) | £425.38 | — | conceded | Not payable under the lease |
| Repairs & maintenance (2016/17) | £150 | — | Allowed in full | — |
| Repairs & maintenance (2016/17) | £564 | £282 | Reduced | Duplication of charges |
| Repairs & maintenance (2016/17) | £1,460.40 | — | Allowed in full | — |
| Repairs & maintenance (2016/17) | £1,464 | — | Allowed in full | — |
| Repairs & maintenance (2016/17) | £2,340 | — | Allowed in full | — |
| Management fees (2016/17) | £14,479.40 | £14,233.13 | Reduced | Landlord could not evidence the cost |
| Lifts (2016/17) | £527.62 | — | Withdrawn | — |
| Repairs & maintenance (2016/17) | £540 | — | Allowed in full | — |
| Repairs & maintenance (2016/17) | £78 | — | Allowed in full | — |
| Legal & professional costs (2017/18) | £1,620 | — | Allowed in full | — |
| Lifts (2017/18) | £799.33 | — | Allowed in full | — |
| Buildings insurance (2017/18) | £419 | — | conceded | Not payable under the lease |
| Other charges (2017/18) | £25.72 | — | Allowed in full | — |
| Other charges (2017/18) | £210 | — | Allowed in full | — |
| Other charges (2017/18) | £480 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £282 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £198 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £90 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £11.04 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £240 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £120 | — | Allowed in full | — |
| Repairs & maintenance (2017/18) | £2,484.48 | — | Allowed in full | — |
| Legal & professional costs (2017/18) | £631.51 | — | conceded | Not payable under the lease |
| Management fees (2017/18) | £14,281.84 | £14,233.13 | Reduced | Landlord could not evidence the cost |
| Utilities (2017/18) | £218.92 | — | Allowed in full | — |
| Major works (2017/18) | £4,974.55 | — | Allowed in full | — |
| Legal & professional costs (2018/19) | £2,472 | £1,800 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018/19) | £418 | — | conceded | Not payable under the lease |
| Legal & professional costs (2018/19) | £10,000 | £1,000 | Reduced | Not payable under the lease |
| Management fees (2018/19) | £15,128.40 | — | Allowed in full | — |
| Reserve fund contributions (2016/17) | £30,000 | — | Allowed in full | — |
| Reserve fund contributions (2017/18) | £25,000 | — | Allowed in full | — |
| Reserve fund contributions (2018/19) | £20,000 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Key passages (verbatim)
“Mr Gream accepted that she had no liability to contribute towards these sums, and that her account would be credited accordingly.”
“Mr Gream accepted that she had no liability to contribute towards these sums, and that her account would be credited accordingly.”
“Mr Gream accepted that she had no liability to contribute towards these sums, and that her account would be credited accordingly.”
“In light of the applicant's concession that she was not liable to contribute towards these costs, Ms Hyslop confirmed that she had no further challenge.”
“hire of a hall to hold a residents' meeting is payable under paragraph 6 of the Fifth Schedule as a cost of managing the Building and although Mr Gream initially paid the cost himself, it was ultimately paid for by F W Gapp, the managing agents.”
“given the tribunal's determination in LON/00BK/LSC/2015/0437, Ms Hyslop would receive a credit for her contribution towards the sum of £425.38 included as expenditure in the annual accounts for Directors' and Officers' insurance.”
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.