LON/00BF/LSC/2023/0107 — service charge decision
In LON/00BF/LSC/2023/0107, decided 12 October 2023, the First-tier Tribunal considered 4 disputed service charge items at Albion Court, Albion Road, Sutton, Surrey SM2 5TB and found largely for the leaseholder: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Albion Court, Albion Road, Sutton, Surrey SM2 5TB
Decision date: 12 October 2023
Full decision: Read on GOV.UK
Managing agent named in the decision: Residential Management Group.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2022) | £1,738.96 | £0 | Disallowed entirely | Demand formally invalid |
| Buildings insurance (2020) | — | — | Disallowed entirely | Other grounds |
| Reserve fund contributions (2021-22) | — | — | Disallowed entirely | Other grounds |
| Other charges (2020) | — | — | Disallowed entirely | Other grounds |
Section 20C order: granted.
Key passages (verbatim)
“the service charge demand is defective and the charges to which it relates are not payable as estimated service charges pursuant to that demand.”
“if and to the extent that the point remains in dispute the Applicants are asking the tribunal for a determination that instead of a credit of £364.77 each they are entitled to a credit of £422.89 each. This, though, is not something that the tribunal has jurisdiction to determine.”
“the tribunal is not here being asked to determine whether a service charge is payable, because the sum in dispute is already below zero.”
“this tribunal has no jurisdiction to make a determination as to whether the Respondent was entitled to reverse – or to purport to reverse – the Settlement Agreement by reclaiming or seeking to reclaim the £1,000 paid to each named leaseholder under that Settlement Agreement.”
“the Respondent in response has quoted from clause 3(vi) of the sample lease in the hearing bundle although it has not quoted enough of that clause for the part quoted to make grammatical sense.”
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.