LON/00AS/LSC/2021/0396 — service charge decision
In LON/00AS/LSC/2021/0396, decided 13 June 2022, the First-tier Tribunal considered 4 disputed service charge items at 268A Kingshill Avenue, Hayes, Middlesex and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 268A Kingshill Avenue, Hayes, Middlesex
Decision date: 13 June 2022
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2016) | £100 | £0 | Disallowed entirely | Landlord could not evidence the cost, No Section 21B summary of rights |
| Buildings insurance (2015-2022) | £300 | £150 | Reduced | Insurance not market tested, Apportionment error, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2015) | £488.71 | £488.71 | Allowed in full | — |
| Other charges (2015-2021) | £2,200 | £0 | conceded | Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“We agree with Mr Barlow that the claim of £100 is not sustainable. There is no evidence as to how this payment arose, save from a verbal recounting by Mr Morad, which is not good enough. The demand, if you can grant the invoice such a title, fails to comply with s21B of the 1985 Act.”
“we find reasonable to reduce the apportionment that Mr Ozcan should pay in line with the quote he received from AXA of circa £150 for 2022 … reduce the premium from £300 for each year to £150, and for it to be at that level until such time as Mr Morad put insurance in place which accords to the terms of the lease.”
“we find that it would be inappropriate for Mr Ozcan to seek to recover this amount from Mr Morad”
“He said, and reaffirmed at the hearing, that he would repay the sum of £2,200 to Mr Ozcan in 28 days.”
“Mr Morad has ignored the lease provision and ploughed his own furrow in respect of the insurance.”
“He told us that he had bought in 2007 at a price of £312,000 and that he had not obtained a valuation since nor queried the sum insured.”
“Failure to follow this course is likely to result in him coming before us again.”
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.