LON/00BK/LSC/2020/0301 — service charge decision
In LON/00BK/LSC/2020/0301, decided 14 March 2021, the First-tier Tribunal considered 6 disputed service charge items at 33C Clifton Gardens Limited, London, W9 1AR and reached a mixed result: 1 item was reduced or disallowed. Full decision on GOV.UK below.
Property: 33C Clifton Gardens Limited, London, W9 1AR
Decision date: 14 March 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Carlton Grove Surveyors.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Management fees (2018) | £1,600 | £320 | Allowed in full | — |
| Management fees (2020) | — | — | Allowed in full | — |
| Repairs & maintenance (2019) | £1,842 | — | Allowed in full | — |
| Repairs & maintenance (2020) | £1,500 | — | Allowed in full | — |
| Other charges (2018-2020) | £2,161 | £592.18 | Reduced | Other grounds |
| Administration charges (2019) | £200 | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the charge of £320 is recoverable in this instance as the portion to be paid by the respondent because the respondent despite his opposition did not provide an alternative quote for the Tribunal to consider”
“the applicants in response referred the respondents to the Terms and Conditions of the Carlton Grove Surveyors referred to above and that state again that the figure reached is in accordance with the market and it is reasonable.”
“The figure consist of £642 for the emergency external handrail repair and a further £2,000 was charged to all leaseholders towards to cover works conducted by the respondents to the balcony of Flat C and roof of Flat B. The respondent was subsequently credited £1,661.20 towards the 2019 service charge”
“the applicants also maintain that the forecast of £1500 for 2020 is to cover a permanent solution to the railing and that the lowest figure that has been quoted in in fact more than the budget to carry out the works.”
“the arrears statement has subsequently been amended and confirms the arrears of £592.18 and it includes the credit of £1,661.20 in respect of the balcony repairs.”
“This in our fee is no longer and issue and is being recovered as a service charge and not as an administrative charge. The Tribunal on balance accepts the evidence of the applicant and the requirements laid down in Clauses 2.8 and 2.15 of the lease.”
“The applicant did not provide certification for several years especially it is noted 2018 and 2019, there has also been an adjustment in the charges because errors on the part of the applicant and this it was argued should result in a reduction as the lease had not been followed.”
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.