LON/00BK/LBC/2022/0027 — service charge decision
In LON/00BK/LBC/2022/0027, decided 12 August 2022, the First-tier Tribunal considered 5 disputed service charge items at Flat A, 24 Lupus Street, London, SW1V 3DZ and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat A, 24 Lupus Street, London, SW1V 3DZ
Decision date: 12 August 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Ms Heather Devine (director, no remuneration).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance | — | — | Allowed in full | — |
| Buildings insurance | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
| Cleaning | — | — | Allowed in full | — |
| Repairs & maintenance | — | — | Allowed in full | — |
Key passages (verbatim)
“The Tribunal determines that there is a breach of Clause 3 (c) … It also draws on its inspection when it was clear that there had been no painting since the date of the replastering works in 2016. There were large areas of the property where there was no paint but only bare plaster”
“the condition of the property led to an increase in premium and increased expense for the Applicant as it was required to comply with conditions in order to obtain the insurance.”
“The tribunal also draws on its own inspection when the only floor covering to be seen was a partial underlay which was in the rear outside area”
“The tribunal saw no window coverings at its inspection other than the window covering provided by the Applicant.”
“The Tribunal determines that there is a breach of clause 4 of the lease … The Tribunal accepts the evidence and arguments of the Applicant. It also relies on its own inspection of Flat A.”
“the Applicant has been communicating its concerns about the state of the property for a number of years, and that at various times the Respondent has made commitments to carry out improvements. Unfortunately, nothing has materialised from these commitments.”
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.