Decision summary

LON/00AW/LSC/2020/0185 — service charge decision

In LON/00AW/LSC/2020/0185, decided 16 December 2020, the First-tier Tribunal considered 13 disputed service charge items at Flat 116C Kings Road, London SW3 4TX and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 116C Kings Road, London SW3 4TX
Decision date: 16 December 2020
Full decision: Read on GOV.UK

Managing agent named in the decision: Susan Metcalfe Management.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Buildings insurance (2019-2020)£415.60£0concededNot payable under the lease
Buildings insurance (2019-2020)£766.98£766.98Allowed in full
Utilities (2019-2020)£200£200Allowed in full
Cleaning (2019-2020)£1,400£1,400Allowed in full
Repairs & maintenance (2019-2020)£500£500Allowed in full
Other charges (2019-2020)£400£400Allowed in full
Repairs & maintenance (2019-2020)£300£300Allowed in full
Gardening & grounds (2019-2020)£576£576Allowed in full
Other charges (2019-2020)£300£300Allowed in full
Other charges (2019-2020)£240£240Allowed in full
Management fees (2019-2020)£1,296£1,296Allowed in full
Legal & professional costs (2019-2020)£540£360ReducedOther grounds
Other charges (2019-2020)£60£60Allowed in full

Section 20C order: granted.

Key passages (verbatim)

“Rent insurance of £415.60 conceded by the respondent”
On buildings insurance
“Terrorism insurance quantum £766.98 (to be settled at year end if different)”
On buildings insurance
“The Tribunal find on balance that the total budget cost of £200, with the portion to be paid by the applicant at £66, are reasonable in this instance.”
On utilities
“The Tribunal finds on the basis of the evidence that the budget estimate is reasonable and that it is claimable under Clause 3 (ii) (b) of the lease.”
On cleaning
“The Tribunal consider that a prudent landlord would make budgetary provision for day to day repairs to ensure maintenance of the building and determines that the estimate is reasonable and rechargeable under the lease.”
On repairs & maintenance
“The sum of £400 is considered a reasonable estimate and is rechargeable under the lease.”
On other charges
“The Tribunal noted the deficiencies of the management agreement but we find that we are not in a position to re-write the agreement between the parties.”
Of Management agreement between Cadogan Estates Limited and Susan Metcalfe Management

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.