LON/00AG/LSC/2020/0349 — service charge decision
In LON/00AG/LSC/2020/0349, decided 8 April 2021, the First-tier Tribunal considered 15 disputed service charge items at Second Floor Flat 46 Belsize Road, London NW6 4TG and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Second Floor Flat 46 Belsize Road, London NW6 4TG
Decision date: 8 April 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2018-19) | £3,988 | £3,988 | Allowed in full | — |
| Buildings insurance (2019-20) | £4,392 | £4,392 | Allowed in full | — |
| Buildings insurance (2020-21) | £4,612 | £4,612 | Allowed in full | — |
| Cleaning (2018-19) | — | — | Reduced | Works not necessary |
| Cleaning (2019-20) | — | — | Reduced | Works not necessary |
| Cleaning (2020-21) | — | — | Reduced | Works not necessary |
| Other charges (2018-19) | — | — | Reduced | Not payable under the lease |
| Other charges (2019-20) | — | — | Reduced | Not payable under the lease |
| Other charges (2020-21) | — | — | Reduced | Not payable under the lease |
| Other charges (2018-19) | — | — | Allowed in full | — |
| Other charges (2019-20) | — | — | Allowed in full | — |
| Other charges (2020-21) | — | — | Allowed in full | — |
| Repairs & maintenance (2019-20) | £153 | £0 | Disallowed entirely | Works not necessary |
| Repairs & maintenance (2020-21) | £300 | £0 | Disallowed entirely | Works not necessary |
| Reserve fund contributions (2020-21) | £1,250 | £900 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“The cost of the insurance premium was reasonably incurred in each of the years under consideration.”
“The cost of the insurance premium was reasonably incurred in each of the years under consideration.”
“Once we have concluded that we cannot be satisfied that the alternative quotations constitute like for like cover...we do not consider we are in a position to conclude that the outcome premium is unreasonable.”
“The costs of the regular four-weekly cleaning of the common parts were reasonable incurred in each year. The costs of the bi-annual cleaning with a carpet cleaning machine were not reasonably incurred in each year.”
“The costs of the regular four-weekly cleaning of the common parts were reasonable incurred in each year. The costs of the bi-annual cleaning with a carpet cleaning machine were not reasonably incurred in each year.”
“The costs of the regular four-weekly cleaning of the common parts were reasonable incurred in each year. The costs of the bi-annual cleaning with a carpet cleaning machine were not reasonably incurred in each year.”
“the Respondent wrote to the Applicant on 23 August 2020 asserting that it would "apply to the court for 'possession judgement' on your flat". A property manager of Mr Gurvits' experience must have known that this was wholly misconceived.”
“We accept that the correspondence in the bundle tended to indicate that the Respondent had been less than helpful in the past in providing information about the insurance policies, and about the claims history.”
“we note that the Tribunal had had to request a copy of the lease before the hearing as there was no copy in the bundle”
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.