LON/00BK/LBC/2022/0001 — service charge decision
In LON/00BK/LBC/2022/0001, decided 4 August 2022, the First-tier Tribunal considered 7 disputed service charge items at Flat 2, Frances Court, Maida Vale, London and reached a mixed result: 4 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 2, Frances Court, Maida Vale, London
Decision date: 4 August 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Cubit Consulting.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
Section 20C order: refused.
Key passages (verbatim)
“The Tribunal is not satisfied on the evidence before it that the water leaking which occurred is covered by the items which must be kept in repair in accordance with clause 3 C of the lease.”
“the Tribunal is satisfied on a balance of probabilities that access was required for testing drainage gas and water pipes and that the refusal to provide access is in breach of clause 3 (m) of the lease.”
“the tribunal are not satisfied that the respondent has through the actions of his tenant, which amount to the noise caused by everyday living breached clause as 3 (p) of the lease.”
“no evidence had been provided to suggest that the machine was not standing on some form of insulation … the use of the washing machine and vacuuming … was reported to have happened after 7 am, and there was nothing in the lease which prohibited these activities after those hours.”
“The Tribunal made the same finding, in respect of clause 6 of schedule 2 … on the basis of its findings set out above.”
“The Tribunal noted that this had occurred in breach of clause 2 (16) of the lease. Accordingly the Tribunal finds that the respondent was in breach of this clause.”
“Mr Owusu's behaviour as shown on the video was of no credit to him, and was not acceptable.”
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.