LON/00BK/LSC/2022/0111 — service charge decision
In LON/00BK/LSC/2022/0111, decided 20 December 2022, the First-tier Tribunal considered 14 disputed service charge items at Flat 2, 43 Wimpole Street, London and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 2, 43 Wimpole Street, London
Decision date: 20 December 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Staffing & concierge (2019-2022) | — | — | Allowed in full | — |
| Management fees (2019-2022) | — | — | Allowed in full | — |
| Other charges (2019) | £3,738 | — | Allowed in full | — |
| Other charges (2019) | £2,119 | — | Allowed in full | — |
| Repairs & maintenance (2019) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £660 | — | Allowed in full | — |
| Utilities (2020) | £1,994.47 | — | Allowed in full | — |
| Other charges (2020) | £4,753.30 | — | Allowed in full | — |
| Cleaning (2020) | £11,728.43 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £4,042.52 | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Undisclosed insurance commission |
| Other charges (2020) | £2,373.58 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £53,348.20 | — | Allowed in full | — |
| Repairs & maintenance (2021-2022) | £271,189.14 | — | Allowed in full | — |
| Legal & professional costs (2020) | £606.60 | — | Allowed in full | — |
Section 20C order: conditional.
Key passages (verbatim)
“Care Management have only charged 10% on the wages paid for work undertaken and have not charged on wages recovered through the Furlough Scheme.”
“this is a charge of £1,000 plus VAT for the Facilities Management and invoices were disclosed by way of four quarterly invoices for the supply of a manager.”
“there was a fire door survey relating to an annual inspection. The building is 220 years old and occasional adjustments to doors are required most years.”
“prior to the major works, the fire alarm had been installed in the common parts only in the mid-1980s. To comply with Part L3 of the Building Regulations, a heat detector had to be provided in each flat.”
“One service charge/fee in the sum of £303 seemed to the Tribunal to be unreasonable.”
“this relates to a request from Mr Saunders and some of the other lessees for the new fire doors to be checked by Capital Fire Doors Limited and for a further report from them.”
“The tribunal disagrees with the applicant. On the assumption that monies will flow from the insurance claim it is not appropriate, proportionate or reasonable to make a charge and then recover the money. Therefore, this amount is disallowed in full.”
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.