LON/00BK/LSC/2020/0375 & others — service charge decision
In LON/00BK/LSC/2020/0375 & others, decided 9 July 2021, the First-tier Tribunal considered 9 disputed service charge items at Flat 25 Dudley Court, Upper Berkeley Street, London W1H 5QA and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 25 Dudley Court, Upper Berkeley Street, London W1H 5QA
Decision date: 9 July 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: HML (formerly Alan Foster & Associates).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Cleaning (2018-19) | — | — | Allowed in full | — |
| Cleaning (2019-20) | — | — | Allowed in full | — |
| Lifts (2018-19) | — | — | Allowed in full | — |
| Lifts (2019-20) | — | — | Allowed in full | — |
| Management fees (2018-19) | — | — | Allowed in full | — |
| Management fees (2019-20) | — | — | Allowed in full | — |
| Utilities (2018-19) | — | — | Allowed in full | — |
| Other charges (2018-19) | £4,556.60 | £4,556.60 | Allowed in full | — |
| Other charges (2019-20) | £3,937.44 | £3,937.44 | Allowed in full | — |
Key passages (verbatim)
“it seems to us that cleaning was being done. None of the photographs show any litter or the existence of vermin and we were told that the cleaning took place regularly and we saw the cleaning invoices in respect thereof. Accordingly, we do not consider that the charges made in connection with cleaning are unreasonable and should be allowed.”
“we do not consider that the charges made in connection with cleaning are unreasonable and should be allowed”
“Mr Franzini rather over-egged the pudding as stating that the lifts were frequently not working as this was not borne out by any of the invoices which were produced, which showed the quarterly attendances and only a limited number of call outs.”
“Mr Franzini rather over-egged the pudding as stating that the lifts were frequently not working as this was not borne out by any of the invoices which were produced, which showed the quarterly attendances and only a limited number of call outs.”
“The management charge is in accordance with the provision of the contract which was produced to us and of course the estimated charge is just that.”
“The management charge is in accordance with the provision of the contract which was produced to us”
“we can only express some surprise that there is nigh on quarter of a million pounds in the reserve fund account, which could perhaps have been utilised to deal with the state of repair of the common parts.”
“from viewing the photographs of the carpets, particularly on the stairs, they look potentially dangerous. They are repaired with Duct tape and holes are present.”
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.