LON/00BK/LBC/2022/0062 — service charge decision
In LON/00BK/LBC/2022/0062, decided 5 June 2023, the First-tier Tribunal considered 9 disputed service charge items at Flat 9, The Salt House, 5 Peter Street, London W1F 0DN and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 9, The Salt House, 5 Peter Street, London W1F 0DN
Decision date: 5 June 2023
Full decision: Read on GOV.UK
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Allowed in full | — |
| Other charges (2021-2022) | — | — | Disallowed entirely | — |
Key passages (verbatim)
“the respondent and his guests and visitors caused a disturbance at the premises and in the common parts of the building and include requiring the police to attend on a number of occasions after complaints have made of violence and/or the possession of a knife”
“the respondent has or allowed his visitors and guests to drop litter in the communal parts, urinate on the walkway/balcony area, stored/dumped bicycles, furniture and other items outside the premises and in the common parts causing obstruction and a potential safety hazard”
“the respondent and his visitors and guests were seen and/or recorded on CCTV breaking into the individual mailboxes … and proceeded to open letters belonging to other lessees, discarded a number of the letters found without ensuring they were replaced in the appropriate mailbox”
“the respondent his visitors and guests on, 26 July 2021, 25 December 2021, 26 December 2021 and 27 December 2021, and 9 January 2021 caused excessive noise by the use of power tools within the premises including for the purpose of carrying out a business”
“the respondent has registered the premises as the address of his company and carries out a business known as Hustlers Heart Limited … The tribunal finds the respondent, his guests and visitors use the premises as a 'studio' and use power tools at all times of the day and night in connection with the business”
“the tribunal finds the respondent uses and allows his guests and visitors to use the premises and the common parts for the sale and consumption of illegal drugs including on 1 January 2022 and 7 October 2022”
“The tribunal is of the opinion it would have been more useful if the applicant had focused on a smaller number of the most serious alleged breaches and the clause(s) of the lease it relied upon, rather than resorting to the 'tsunami' approach it adopted. As a result, the tribunal found the evidence presented by the applicant, which included a running commentary on video/CCTV footage by a witness during the hearing, to be disjointed and difficult to follow in respect of many of the alleged breaches as well as interlaced with comments rather than a factual presentation of events on the screen.”
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.