LON/00BK/LSC/2022/0143 — service charge decision
In LON/00BK/LSC/2022/0143, decided 3 April 2023, the First-tier Tribunal considered 10 disputed service charge items at Flat 7, 154 Gloucester Terrace, London and reached a mixed result: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 7, 154 Gloucester Terrace, London
Decision date: 3 April 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: JMW Barnard Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018/19) | £2,436.88 | £2,436.88 | Allowed in full | — |
| Other charges (2019/20) | £2,593.76 | £2,593.76 | Allowed in full | — |
| Other charges (2020/21) | £2,886.44 | £2,886.44 | Allowed in full | — |
| Other charges (2021/22) | £2,302.26 | £2,302.26 | Allowed in full | — |
| Major works (2018/19) | £4,016.61 | £4,016.61 | Allowed in full | — |
| Other charges (2018/19–2021/22) | £13,430.95 | £13,406.75 | Reduced | Apportionment error |
| Administration charges (2018/19–2021/22) | £19,673 | £15,363 | Reduced | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Legal & professional costs (2018/19–2021/22) | £12,348 | £11,113 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2018/19–2021/22) | £3,750 | £3,250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Staffing & concierge (2018/19–2021/22) | £3,375 | £1,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“2018/19: £2,436.88; ... The Respondent is debarred from challenging the payability and reasonableness of these charges. The Tribunal therefore finds that these sums are reasonable and payable.”
“2019/20: £2,593.76; ... The Respondent is debarred from challenging the payability and reasonableness of these charges.”
“2020/21: £2,886.44; ... The Respondent is debarred from challenging the payability and reasonableness of these charges.”
“2021/22 (3 quarters): £2,302.26 ... The Respondent is debarred from challenging the payability and reasonableness of these charges.”
“7 April 2018 major works levy: £4,016.61. This totals £14,235.95. From this, charges of £805 were cancelled.”
“service charges of £13,406.75 (£13,430.95 less £24.20) are payable for the years 2018/9 to 2021/22.”
“He has immersed himself in a level of detail to the extent that he has lost the sense and purpose of any challenge. He has insisted on the disclosure of numerous invoices merely because he was on a 'fishing expedition'.”
“Mr Clemente has immersed himself in a level of detail to the extent that the sense and purpose of any challenge has been lost.”
“Mr Clemente continues to blame the Applicant for his inability to provide the Scott Schedule. On the one hand, he complains that the Applicant has not provided adequate disclosure; on the other hand, he complains about the quantity of the documents that have been disclosed.”
“DJ Latham has noted that the Applicant has not complied with CPR PD 9.5(4)(a) in that the Form N260 was not served two clear days before the hearing.”
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.