LON/00BK/LBC/2023/0023 — service charge decision
In LON/00BK/LBC/2023/0023, decided 25 July 2024, the First-tier Tribunal considered 7 disputed service charge items at Flat 20, Cumberland Court, Great Cumberland Place, London W1H 7DP and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 20, Cumberland Court, Great Cumberland Place, London W1H 7DP
Decision date: 25 July 2024
Full decision: Read on GOV.UK
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 | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Withdrawn | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
| Other charges | — | — | Allowed in full | — |
Key passages (verbatim)
“The paint job inside the Property was not noticeably old or peeling on our inspection... We are therefore not satisfied that the Applicant has proved a breach of that covenant.”
“We could not see any obvious items of specific disrepair on those photographs... We are therefore not satisfied that the Applicant has proved a breach of that covenant.”
“The covenant against alterations is an absolute covenant... we determine, that a breach of clause 3.05 has occurred.”
“The Applicant at the hearing orally withdrew its allegation of a breach of the covenant against nuisance (paragraph 5 of the Fourth Schedule).”
“We are therefore satisfied, and we determine, that a breach of the covenant/regulation relating to windows has occurred.”
“the floor in the Property is covered with a hard laminate and not with carpet. There is no evidence that the Applicant (or its predecessor(s) in title) have ever approved that laminate as an approved material.”
“There was no narrative to specify the items of alleged disrepair. We could not see any obvious items of specific disrepair on those photographs.”
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.