LON/00BE/LSC/2023/0236 — service charge decision
In LON/00BE/LSC/2023/0236, decided 20 November 2023, the First-tier Tribunal considered 2 disputed service charge items at Flat 47, Globe Wharf, 205 Rotherhithe, London SE16 5XS and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 47, Globe Wharf, 205 Rotherhithe, London SE16 5XS
Decision date: 20 November 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Globe Wharf RTM Company Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2022/23) | £1,000 | £4.16 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Administration charges (2022/23) | £400 | £0 | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
Key passages (verbatim)
“the Respondents agreed (i) to limit the sum potentially recoverable from the Applicant in respect of the insurance excess to £400 and (ii) that 1.04% of £400 is the sum which is recoverable from the Applicant by way of service charge in respect of the insurance excess.”
“the Tribunal is not satisfied on the balance of probabilities that the defect to the toilet within the Property on 2 June 2022, which is relied upon by the Respondent, caused the damage which gave rise to the insurance claim.”
“The Respondent did not rely upon any expert report dealing with the issue of causation; upon any oral evidence of a witness of fact; upon any signed written witness statement; or upon any document expressly recording that the water penetration into Flat 21 stopped when repairs were carried out within the Applicant's flat. The Respondent did not refer the Tribunal to any evidence concerning when and how the water penetration into Flat 21 was discovered or concerning how longstanding it was.”
“there are inconsistencies in the documents. For example, an email dated 22 November 2022 to the insurance company states that the date of loss is 1 August 2022 whereas the leak within the Applicant's flat occurred on 2 June 2022.”
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.