Decision summary

LON/00AW/LSC/2023/0029 — service charge decision

In LON/00AW/LSC/2023/0029, decided 23 August 2023, the First-tier Tribunal considered 5 disputed service charge items at 45B Philbeach Gardens, London, SW5 9EB and found largely for the leaseholder: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: 45B Philbeach Gardens, London, SW5 9EB
Decision date: 23 August 2023
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Gardening & grounds (2022-23)—£26.64Allowed in full—
Other charges (2022-23)£22.45£19.14ReducedCosts unreasonably incurred (s19(1)(a)), Other grounds
Other charges (2022-23)——conceded—
Cleaning (2022-23)——conceded—
Utilities (2022-23)——conceded—

Section 20C order: granted.

Key passages (verbatim)

“The Respondent indicated a willingness to accept Miss Schwab's suggested figure of £26.64.”
On gardening & grounds
“Exercising the judgment of Solomon, we find that the correct figure for the year for the Health and Safety element should be £19.14 per annum.”
On other charges
“those issues were narrowed to only gardening, health and safety and pest control, with the latter being conceded by the Respondent.”
On other charges
“the Respondent conceded the figures put forward by Miss Schwab for cleaning, utilities, pest control and refuse”
On cleaning
“the Respondent conceded the figures put forward by Miss Schwab for cleaning, utilities, pest control and refuse”
On utilities
“We are not satisfied that the Respondent can seek to introduce a completely new submission by way of a skeleton argument. The Statement of claim should have been amended if this point was to be taken.”
Of Respondent (Housing for Women / Devonshires)
“No one from the Respondent attended the hearing to explain and Miss Schwab said she has always relied on the 2014 agreement, which Mr Mold conceded contained a variable service charge.”
Of Respondent (Housing for Women)

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.