LON/00BJ/LBC/2022/0374 — service charge decision
In LON/00BJ/LBC/2022/0374, decided 7 July 2023, the First-tier Tribunal considered 4 disputed service charge items at Flat 1, 163 Balham Hill, London SW12 9DJ and found largely for the leaseholder: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 1, 163 Balham Hill, London SW12 9DJ
Decision date: 7 July 2023
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Reserve fund contributions (2018-19) | £310.20 | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2020-21) | £372.24 | £0 | Disallowed entirely | Not payable under the lease |
| Reserve fund contributions (2021-22) | £372.24 | £0 | Disallowed entirely | Not payable under the lease |
| Legal & professional costs | £9,196.27 | — | Withdrawn | — |
Section 20C order: refused.
Key passages (verbatim)
“The contribution to reserve fund for 18/19, 20/21 and 21/22 totalling £1054.68 are not payable as not demanded in accord with clause 5 of the lease.”
“The contribution to reserve fund for 18/19, 20/21 and 21/22 totalling £1054.68 are not payable as not demanded in accord with clause 5 of the lease.”
“The contribution to reserve fund for 18/19, 20/21 and 21/22 totalling £1054.68 are not payable as not demanded in accord with clause 5 of the lease.”
“Mr Frazer confirmed that he agreed that as argued this matter fell outside s27A and therefore outside the scope of the application.”
“It was clear from Mr Davidoff's evidence that his company adopt a standardised approach to the preparation of demands; without specific regard to the wording of the service charge provisions of the lease. This is not being critical of the commercial and practical reasons for this given the majority of leases may well fit this approach.”
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.