LON/00AM/LSC/2026/0155 — service charge decision

“The whole block service charges for the years in dispute are payable by the Applicant.”

“we agree with the Respondent's submission that the subject premises directly benefits from many of the services which the Applicant seeks to exclude such as fire safety, electrical testing, lighting and cleaning.”

“the whole block service charges for the years in dispute are payable by the Applicant.”

“the whole block service charges for the years in dispute are payable by the Applicant.”

“We note that in our experience it is not uncommon for the leases of ground floor flats to require the lessee to contribute towards the costs of a lift notwithstanding the fact that they have no practical use for it.”

“it is more likely than not, given that this is a modern development, that the fire alarm serving the premises is connected to the system serving the block as a whole.”

“the method chosen by the Respondent to classify service charges does not sit easily with the language of the lease. The lease refers to building costs and estate costs whereas the Respondent in its service charge demands refers to block costs, scheme costs and estate costs. Additionally it is not immediately obvious that one should equate the word 'building' as it is used in the lease to the complex configuration of what the Respondent refers to as the block. The definition of 'building' in the lease does not assist nor is there a lease plan showing what it encompasses.”

“Somewhat anomalously the Respondent requires the Applicant to contribute towards the cost of maintaining the lift, but does not require the Applicant to contribute towards the reserve fund insofar as it relates to the future cost of the lift's refurbishment or replacement.”