LON/00BF/LSC/2021/0429 — service charge decision
In LON/00BF/LSC/2021/0429, decided 20 April 2022, the First-tier Tribunal considered 2 disputed service charge items at 46 Audley Place, Sutton SM2 6RW and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: 46 Audley Place, Sutton SM2 6RW
Decision date: 20 April 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Proxim Property Management.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Reserve fund contributions (2020-21) | £120.20 | £120.20 | Allowed in full | — |
| Reserve fund contributions (2021-22) | £927.90 | £850.96 | Reduced | Works not necessary |
Section 20C order: granted.
Key passages (verbatim)
“The figure demanded in 2020/21 was £120.20. On that basis there is clearly no merit in the challenge for the year 2020/21”
“the only deduction we propose to make is to deduct the sum of £16,000 from the figure of £193,000. On that basis the reasonable sum to have demanded from the Applicant by way of quarterly contribution to the reserve fund for the service charge year 2021/22 was £850.96”
“the steps taken to advise and warn the Applicant (and indeed the other lessees) in advance of what was coming were less than satisfactory.”
“we consider that the process employed by the managing agents, certainly in the initial stages, has lacked transparency and clarity and has not inspired trust and confidence on the part of the Applicant or, so it would appear judging from the outcry following the March 2021 letter, the other tenants.”
“we have serious reservations about its methodology and the appropriateness of these so-called comparators, but we are persuaded for other reasons that the figures arrived at for this property are reasonable.”
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.