LON/00BJ/LSC/2020/0210 — service charge decision
In LON/00BJ/LSC/2020/0210, decided 1 January 2021, the First-tier Tribunal considered 7 disputed service charge items at Flat 4, 332 Old York Road, Wandsworth, London SW18 1SS and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 4, 332 Old York Road, Wandsworth, London SW18 1SS
Decision date: 1 January 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: BMO Global Asset Management (via Reich Group as insurance broker; previously Savills until March 2020).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2014/2015) | — | £1,070.32 | Allowed in full | — |
| Buildings insurance (2015/2016) | — | £956.71 | Allowed in full | — |
| Buildings insurance (2016/2017) | — | £1,008.82 | Allowed in full | — |
| Buildings insurance (2017/2018) | — | £1,071.85 | Allowed in full | — |
| Buildings insurance (2018/2019) | — | £1,013.66 | Allowed in full | — |
| Buildings insurance (2019/2020) | — | £1,020.33 | Allowed in full | — |
| Buildings insurance (2020/2021) | — | £1,058.31 | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“The tribunal determines that the following sums were/are payable to the Freeholder, in respect of service charges for building insurance, by the four Head-Lessees jointly”
“While it would have been good practice for Reich and TRP to have retained records of the market testing carried out, the absence of such records does not cause the tribunal to reject the oral and written evidence of Mr Symes and Mr Gay of the market testing carried out, which it accepts.”
“Surprisingly, no records have been produced by TRP of the payments received by it from the Head-Lessees: Mr Gay said he had not yet been able to obtain the records from Savills.”
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.