LON/00BK/LSC/2018/0365 — service charge decision
In LON/00BK/LSC/2018/0365, decided 22 September 2022, the First-tier Tribunal considered 36 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 September 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) | £1,957.60 | £0 | conceded | — |
| Legal & professional costs (2016/17) | £100 | £0 | conceded | — |
| Other charges (2016/17) | £260 | — | Allowed in full | — |
| Buildings insurance (2016/17) | £425.38 | £0 | conceded | — |
| 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 |
| Repairs & maintenance (2016/17) | £540 | — | Allowed in full | — |
| Repairs & maintenance (2016/17) | £78 | — | Allowed in full | — |
| Legal & professional costs (2017/18) | £1,620 | £1,620 | Allowed in full | — |
| Lifts (2017/18) | £799.33 | — | Allowed in full | — |
| Buildings insurance (2017/18) | £419 | £0 | conceded | — |
| 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 | — |
| Cleaning (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 | £0 | conceded | — |
| Management fees (2017/18) | £14,281.84 | £14,233.13 | Reduced | Landlord could not evidence the cost |
| Lifts (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 | £0 | conceded | — |
| 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 | Works not necessary, Landlord could not evidence the cost |
Key passages (verbatim)
“Mr Gream accepted that she had no liability to contribute towards these sums [company accounts £360, accounting fees £1,556, £16.60 corporation tax, £25 electronic confirmation]”
“In light of the applicant's concession that she was not liable to contribute towards these costs [LVT postal expenses £100], 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”
“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”
“the cost is payable by Ms Hyslop as a cost of maintaining the Building [removal of items from bin store]”
“CHG conceded that this appeared to be a duplicate payment of the same invoice … at the hearing Mr Gream agreed to waive one of the invoices. One payment of £282 is therefore not payable by Ms Hyslop.”
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.