Decision summary

LON/00BK/LBC/2024/0022 — service charge decision

In LON/00BK/LBC/2024/0022, decided 15 April 2025, the First-tier Tribunal considered 5 disputed service charge items at 40b Warlock Road, London, W9 3LP and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: 40b Warlock Road, London, W9 3LP
Decision date: 15 April 2025
Full decision: Read on GOV.UK

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Repairs & maintenance (2023)——Allowed in full—
Other charges (2023)——Allowed in full—
Other charges (2023)——Allowed in full—
Other charges (2023)——Disallowed entirelyLandlord could not evidence the cost
Buildings insurance (2023)——Disallowed entirelyLandlord could not evidence the cost

Key passages (verbatim)

“Breach of clause 4(a) of Schedule 6, on 20 June 2023, and on a date or dates unknown between 23 June and 9 July 2023. Flat 40B was, clearly, not in good and substantial repair on the occasions of the fire service attendance on 20/6/23.”
On repairs & maintenance
“Breach of clause 15 of Schedule 6 on the same dates. The cascading water and attendant damage was, clearly, a nuisance and an inconvenience.”
On other charges
“Breach of clause 20(3), again, on the same dates. This is axiomatic, from the egresses of water.”
On other charges
“We find that the evidence falls short of establishing the alleged breach of clause 17(b), where the water penetration appears to have damaged Flat 40A, not the reserved parts of the Building.”
On other charges
“We also find that the evidence does not support the alleged breach of clause 22. Evidence of any prejudice to the Applicants' ability to insure the building, or to the attendant premium, was exiguous.”
On buildings insurance
“the record keeping and production of evidence by the Respondent has been somewhat less than exemplary in this case”
Of Respondent (The Lord Mayor and Citizens of the City of Westminster)
“the Respondent's agent was aware of the problem, took (as we find, wholly inadequate) steps to ameliorate it, but took no steps whatsoever to advise the Applicants”
Of Respondent's agent
“The leaks in June and July 2023 clearly emanated from Flat 40B, caused or exacerbated by the woefully inadequate placement of a dustbin under an obvious site of water penetration”
Of Respondent / Respondent's agent

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.