LON/00BK/LSC/2019/0480 & others — service charge decision
In LON/00BK/LSC/2019/0480 & others, decided 30 November 2020, the First-tier Tribunal considered 8 disputed service charge items at Flat 10/11, 52-53 Leinster Square, London and reached a mixed result: 2 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 10/11, 52-53 Leinster Square, London
Decision date: 30 November 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Chelsea Residential Management Limited (CRM).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2015-16) | — | — | Allowed in full | — |
| Major works (2015-16) | — | — | Allowed in full | — |
| Repairs & maintenance (2015-16) | £19,800 | £1,987.70 | Reduced | Section 20B 18-month time limit |
| Gardening & grounds | — | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance | — | — | Allowed in full | — |
| Cleaning | — | — | Allowed in full | — |
| Management fees | — | — | Allowed in full | — |
| Reserve fund contributions | — | — | Allowed in full | — |
Key passages (verbatim)
“we do not consider that it is appropriate for us to make a 25% reduction nor indeed any reduction to reflect the matter given the passage of time since the works were completed.”
“Our finding, therefore, is that this final account does contain sufficient to provide the notification required coupled with the emails under section 20B(2). However, it will be limited to the amount shown on this demand.”
“we find that this would constitute a demand that complies with section 20B(2), it does mean that any further costs that might have been incurred in respect of the boiler and cylinder replacement would fall foul of section 20B(1) and thus not be recoverable.”
“the costs of the garden association are not a service charge and Mr Mangano should not be required to contribute towards them.”
“we therefore reject his claim that the insurance premiums for the years in question have been too high.”
“we cannot accept that the cleaning is so unreasonable as to not be recoverable … are not willing to make a reduction in connection with the cleaning costs for the years in dispute.”
“At this point it is perhaps appropriate for us to express some concern as to Mr Davies' position. He wears two hats and they do not always sit comfortably with each other. He is the solicitor for the Landlord and runs the management company. It seems to us he somewhat descended into the arena in attempting to encourage the removal of Mr Mangano from the rights he had as a leaseholder and as a member of the Landlord Company. He needs to be careful going forward as there is no doubt in our view, as found by our colleagues, that the relationship between Mr Davies and Mr Mangano is not assisting the other leaseholders.”
“It does perhaps show some evidence of Mr Mangano's unreasonable attitude to some issues.”
“We will certainly say that we hope that better specification, supervision and snagging arrangements are put in place this time round.”
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.