LON/00BK/LSC/2022/0112 — service charge decision
In LON/00BK/LSC/2022/0112, decided 9 November 2022, the First-tier Tribunal considered 4 disputed service charge items at Flat C, 33 Clifton Gardens, Maida Vale, London W9 1AR and reached a mixed result: 3 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat C, 33 Clifton Gardens, Maida Vale, London W9 1AR
Decision date: 9 November 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Carlton Grove Surveying and Property Management (Joshua Adler).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Legal & professional costs (2021) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2021) | — | — | Reduced | Not payable under the lease, Fee excessive for service delivered |
| Buildings insurance (2021) | — | — | Reduced | Not payable under the lease |
| Repairs & maintenance (2021) | £1,195.55 | £1,195.55 | Allowed in full | — |
Section 20C order: partial.
Key passages (verbatim)
“the Respondent owes them a further £289.10. Mr Adler's approach in his evidence was that it was fine for the figures to be approximate and that, if any lessee had objected, he would have negotiated a more reasonable figure. The Tribunal agrees with Mr Gibson that this is not the right approach.”
“the wording of clause 20.7 does not seem apt to cover Buildings Insurance, Management Fee, Annual Return Fee and Accounts Submission, Accountancy Fee, Legal Fees or 'Miscellaneous'.”
“the wording of clause 20.7 does not seem apt to cover Buildings Insurance, Management Fee, Annual Return Fee and Accounts Submission, Accountancy Fee, Legal Fees or 'Miscellaneous'.”
“The Tribunal is satisfied that Mr Adler's invoice is reasonable and payable.”
“The absence of a witness statement from Mr Adler has just confused the determination of this application. When he did give some oral evidence, it was all over the place, taking longer than it should have done while he struggled to master the issues or the documentation. Relevant facts were revealed for the first time during his evidence. Much of this could have been avoided if he had provided a statement in advance.”
“Mr Adler's approach in his evidence was that it was fine for the figures to be approximate and that, if any lessee had objected, he would have negotiated a more reasonable figure. The Tribunal agrees with Mr Gibson that this is not the right approach. It is the Respondent's obligation to calculate each service charge accurately.”
“it is disappointing that the parties feel the need to litigate so frequently. The parties have an ongoing relationship, whether they like it or not, and it would be less expensive and less time-consuming if they could find a way to conduct that relationship without the need to resort to litigation.”
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.