LON/00BA/LVM/2021/0018 — service charge decision
In LON/00BA/LVM/2021/0018, decided 21 February 2022, the First-tier Tribunal considered 5 disputed service charge items at Kilmeny House, 36 Arterberry Road, Wimbledon, London and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: Kilmeny House, 36 Arterberry Road, Wimbledon, London
Decision date: 21 February 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: FirstPort Property Services Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2022) | — | £5,616 | Allowed in full | — |
| Reserve fund contributions (2022) | — | — | Allowed in full | Other grounds |
| Major works (2022) | — | — | Allowed in full | — |
| Other charges (2022) | — | — | Disallowed entirely | Other grounds |
| Legal & professional costs (2022) | — | — | Allowed in full | — |
Key passages (verbatim)
“the Tribunal therefore vary the Existing Order to contemplate an increase of 4% in the fee charged for the current financial year ... management fee for the current service charge year to 31 December 2022 will be £5,616 plus VAT”
“The Tribunal confirm the Manager's power to demand contributions to the sinking fund. These sums demanded should be by reference to ascertained costings and have regard to the urgency with which any work is required”
“the Manager should have the power to progress the works to the external staircase, the chimneys and any works required by reason of the recent fire safety report”
“the Tribunal finds that it is not just and convenient in the circumstances to vary the Specified Percentages nor to remove the costs of the external staircase and the costs of the front stairs and hallway into separate categories”
“the Manager should be able to recover fees which he incurs from instructing professionals. There should be no cap on these fees set out on the order”
“The Tribunal is not satisfied that it is possible for Mr Thwaites to provide evidence of such stable management and it is less than a year since he has been appointed”
“Mr Thwaites commented when giving evidence that the technical documents relating to the required works are now aged.”
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.