LON/00BJ/LSC/2020/0309 — service charge decision
In LON/00BJ/LSC/2020/0309, decided 1 July 2021, the First-tier Tribunal considered 3 disputed service charge items at Flats 212-218, Block VI 189 Viridian Apartments, 75 Battersea Park Road, London, SW8 4DG and found largely for the leaseholder: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 212-218, Block VI 189 Viridian Apartments, 75 Battersea Park Road, London, SW8 4DG
Decision date: 1 July 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Mainstay Residential Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2019) | £41,229.38 | £0 | Disallowed entirely | Demand formally invalid |
| Other charges (2019) | £48,315.29 | £0 | Disallowed entirely | Demand formally invalid |
| Administration charges (2019) | £2,280 | £0 | Disallowed entirely | Not payable under the lease, Demand formally invalid |
Section 20C order: granted.
Key passages (verbatim)
“The demands served by the Applicant are therefore ineffective and until correct demands are served, and subject to s20B Landlord and Tenant Act 1985, no monies are due from the Respondent.”
“A similar unexplained overpayment was demanded in October of the same year (£48,315.29 instead of £23,801.50)”
“the Applicant has no right whatsoever to add any administration charges to the Respondent's service charge accounts and no sum is recoverable in respect of any them.”
“The general standard of accounting in relation to service charges has been very poor and the Respondent has been put to expense to defend a claim which was unsustainable by the Applicant and should not have been pursued.”
“None of the Applicant's arguments have been substantiated or justified.”
“Proceedings were then issued just eleven days after the letter(s) were sent accumulating additional administration costs to each flat.”
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.