LON/00AF/LSC/2020/0384 — service charge decision

“In our judgment these works fell within clause 6(b) and properly recoverable. There is no evidence the leaks were internal to a flat. Mr Dias did not challenge the amount of the sums charged, which on any view are extremely modest. We disallow nothing.”

“These works are all part of the exterior. Guttering as well falls within clause 6(b). The paving slab is part of the curtilage and is accordingly part of the exterior. We disallow nothing.”

“The communal fencing in our judgment was part of the expenses of the common parts which, as we have held, falls only on the upstairs flat-owners. Accordingly we disallow £22.30.”

“Whether an expense is allocated as a block or an estate expense is unlikely to make a great difference to what Mr Dias is actually called to pay... We disallow nothing.”

“In our judgment the fire protection measures were part of the maintenance of the exterior and structure of the building. We disallow nothing.”

“we can find no provision in the lease which would allow the landlord to charge back this item. Accordingly (and somewhat to our regret), Mr Dias gains a windfall. We disallow the sum of £6.18.”

“Leases granted under the original right-to-buy legislation were often not well drafted. Local authorities had a tendency to use standard form leases for all properties in their boroughs which were then only superficially adopted to the particular premises being sold. Often (as in the current lease) there was no plan of "the estate", so that division of expenses between block expenses and estate expenses could be problematic. Further there was often no coherent treatment of what constituted the common parts.”