Decision summary

LON/00AY/LSC/2022/0377 — service charge decision

In LON/00AY/LSC/2022/0377, decided 15 May 2023, the First-tier Tribunal considered 2 disputed service charge items at Flat 4, 31 Crescent Grove, London SW4 7AF and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 4, 31 Crescent Grove, London SW4 7AF
Decision date: 15 May 2023
Full decision: Read on GOV.UK

Managing agent named in the decision: David Bingham (Company Secretary).

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2021-22)£3,880£250ReducedNo Section 20 consultation
Repairs & maintenance (2021-22)£0£600Allowed in full—

Section 20C order: refused.

Key passages (verbatim)

“The amount claimed is £3,880. This equates to a sum in excess of £250 per flat which requires compliance with consultation in accordance with s.20 Landlord & Tenant Act 1985 … The tribunal assumes therefore that no s.20 consultation was carried out. There is no evidence that an application for dispensation was made to remedy this defect.”
On repairs & maintenance
“The Tribunal therefore finds that the charge of £600 is reasonable and payable and should have been included in the service charge account to be apportioned between the leaseholders.”
On repairs & maintenance
“In relation to the roof, Mr Bingham's evidence is somewhat contradictory. On the one hand Mr Bingham asserts that he had already carried out the works to the roof at the cost of £23.17 for materials prior to the roof contractor attending. It is apparent from correspondence that Mr Bingham found the contractor on the roof painting a layer of Ultraflex over the same area Mr Bingham claims to have resolved. Mr Bingham objected to the charge of £600 (£450 for labour and £150 for materials) yet in the same email dated 22/09/2021, Mr Bingham reports that he has asked that builder for a quote to stop the water coming into his kitchen window [100].”
Of David Bingham (Respondent's representative/Company Secretary)

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.