Decision summary

LON/00BK/LSC/2021/0222 — service charge decision

In LON/00BK/LSC/2021/0222, decided 14 March 2022, the First-tier Tribunal considered 12 disputed service charge items at Flat 1, 197 Queen's Gate, London, SW7 5EU and found largely for the landlord: 2 items were reduced or disallowed. Full decision on GOV.UK below.

Property: Flat 1, 197 Queen's Gate, London, SW7 5EU
Decision date: 14 March 2022
Full decision: Read on GOV.UK

Managing agent named in the decision: Susan Metcalfe Residential Property Management.

What was challenged and what the tribunal decided

ItemDemandedAllowedOutcomeGrounds
Major works (2012)£48,701.33£48,701.33Allowed in full
Major works (2017)£6,663.60£6,663.60Allowed in full
Major works (2020)£4,590.24£4,590.24Allowed in full
UtilitiesAllowed in full
Repairs & maintenanceAllowed in full
Repairs & maintenanceAllowed in full
Cleaning£1,000£1,000Allowed in full
UtilitiesDisallowed entirely
Repairs & maintenanceAllowed in full
Other chargesDisallowed entirely
Buildings insurance£4,528.50£4,528.50Allowed in full
Management feesAllowed in full

Section 20C order: refused.

Key passages (verbatim)

“The tribunal is satisfied that the consultation was properly carried out and that the amounts claimed were due. There is no evidence before the tribunal that the reserve fund was improperly used.”
On major works
“The tribunal finds that the works were properly chargeable to leaseholders under the service charge and properly accounted for in the annual accounts. No refund is due to the Applicant.”
On major works
“The tribunal finds that the surveyor's fee is chargeable to the service charge as being the first stage preparatory to a section 20 consultation.”
On major works
“The final accounts for each year show that the electricity charges are in accordance with the agreement.”
On utilities
“The tribunal accepts that there is no Qualifying Long-Term Agreement with Future Lighting and in any event the annual service fee is below the consultation level of £100 per flat for such an agreement.”
On repairs & maintenance
“The charge is a proper one under the provisions of the lease and is properly chargeable to the service charge.”
On repairs & maintenance
“It is not entirely clear to the tribunal what has triggered such a time-consuming dispute on a relatively modest service charge in a leaseholder owned and controlled block.”
Of Applicant
“The Applicant is a director of the Respondent company but does not appear to have engaged with it.”
Of Applicant

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.