LON/00AC/LBC/2021/0023 — service charge decision
In LON/00AC/LBC/2021/0023, decided 26 November 2021, the First-tier Tribunal considered 9 disputed service charge items at Flat 17 Solar Court, Etchingham Park Road, London, N3 2DZ and found largely for the landlord: 8 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 17 Solar Court, Etchingham Park Road, London, N3 2DZ
Decision date: 26 November 2021
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Not payable under the lease |
Key passages (verbatim)
“Repositioning the kitchen and new second bedroom: This involved stripping out all of the feed and waste pipes, infilling of partitions and relevelling of the floor. This was structural work that breached clauses 2.3 and 2.4. No permission was sought for the works.”
“Bathroom stripped out and refitted with a new water tank: these works required the repositioning of pipework and new connections to the common building services together with the replacement of the water tank without the consent of the applicant in breach of clause 2(4) of the lease.”
“The removal of the fire resistant glazed screen and replacement with a timber and stud partition. This would have involved a breach of Building Regulations contrary to clause 3(12) and the removal thereof is a breach of clause 2(3) of the lease.”
“New feed pipes and a waste pipe fitted from the repositioned kitchen. This involved cutting the screed and was a breach of clause 2.3 and 2.4. Screed is in the opinion of the Tribunal part of the structure, and cutting it is structural work.”
“New arrangement of rooms. This constitutes a breach of Building Regulations contrary to clause 3(12).”
“Fitting new radiators and feed pipes which involved cutting into the screed. This was a breach of clauses 2(3) and 2(4). Screed is part of the structure and cutting it is structural work.”
“He accepted that the premises have been let to tenants without a fire compliant door.”
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.