LON/00BJ/LSC/2021/0168 — service charge decision
In LON/00BJ/LSC/2021/0168, decided 23 December 2022, the First-tier Tribunal considered 3 disputed service charge items at Flat 3, 155/163 Balham Hill, SW12 9DJ and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 3, 155/163 Balham Hill, SW12 9DJ
Decision date: 23 December 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Aldermartin Baines and Cuthbert Estates Limited (ABC).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2018-2019) | £7,092.60 | £7,092.60 | Allowed in full | — |
| Reserve fund contributions (2018-2019) | £379.60 | £379.60 | Allowed in full | — |
| Administration charges (2018-2019) | £340 | £340 | Allowed in full | — |
Key passages (verbatim)
“We are satisfied that the total sum of £270,000 for the specified works is a reasonable estimate… we find that Mr Behjat's proportion of the on-account service charge and for the reserve fund, being £7,226.22 for the period 2018 – 2019, is payable.”
“No evidence, written or oral, was given about the reserve fund, and no closing submissions. In the circumstances, we find that the sum of £379.60 is payable.”
“There was no separate challenge made by the Amended Defence to the administration fees incurred by ABC… We therefore find that the sum of £340.00 for administration fees is payable.”
“In advance the Claimant had provided a bundle of over 1000 pages, which was unnecessarily prolix (it includes documents multiple times throughout; for example, the lease is included six times, as does the 30 page specification of works).”
“We were hindered on both sides of the dispute by the failure to provide relevant documentation and evidence.”
“Mr Davidoff's default explanation for evidence and documentation absent from his witness statement was that his solicitors hadn't told him to disclose/address the matters in question. Mr Davidoff is, it is fair to say, familiar with the Tribunal and the evidence it requires, appearing before it regularly. It is far from satisfactory to default to blame solicitors.”
“ABC had refused to allow Mr Behjat to inspect the works to satisfy himself they had been done to a reasonable standard, apparently on some advice from solicitors that this might somehow amount to some sort of waiver.”
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.