LON/00AY/LSC/2023/0287 — service charge decision
In LON/00AY/LSC/2023/0287, decided 14 February 2024, the First-tier Tribunal considered 5 disputed service charge items at Flat 3, 47 Clapham Common Northside, London SW4 0AA and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 47 Clapham Common Northside, London SW4 0AA
Decision date: 14 February 2024
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Lifts (2022) | £6,885.71 | £6,885.71 | Allowed in full | — |
| Utilities (2022) | £445.31 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2023) | £559.69 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2022) | £1,714.29 | £1,714.29 | Allowed in full | — |
| Legal & professional costs (2023) | £532.46 | £532.46 | Allowed in full | — |
Key passages (verbatim)
“The costs of the refurbishment works to the lift set out in the Application Notice are recoverable as service charge under the terms of the lease and are payable in full”
“the electricity costs were not reasonably incurred in relation to part of the time for which the lift was not operational”
“the electricity costs were not reasonably incurred in relation to part of the time for which the lift was not operational”
“The costs incurred by the Applicant in relation to the two sets of Tribunal proceedings are in contemplation of forfeiture within clause 3(9) and are therefore recoverable under the terms of the Lease.”
“The costs incurred by the Applicant in relation to the two sets of Tribunal proceedings are in contemplation of forfeiture within clause 3(9) and are therefore recoverable under the terms of the Lease.”
“Bearing in mind that the Applicant had appointed managing agents and that the Applicant's board of directors decided to 'mothball' the lift refurbishment project in 2018 due to other commitments (to use the word used in oral evidence by Mr England), the Tribunal notes the apparent lack of engagement with whether this supply should be continued or not with some surprise.”
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.