45b Philbeach Gardens, London, SW5 9EB
LON/00AW/LSC/2023/0029 · service charges · Kensington and Chelsea · decided 23 Aug 2023
The tribunal assessed the disputed 2022/23 gardening charge at £26.64 per annum and the health and safety (fire equipment) charge at £19.14 per annum, and made an order that the landlord cannot recover its costs of the proceedings through the service charge.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Not in issue |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | none named |
| Building | One flat, 9 flats · 3 decisions about this building |
| Service charge years in dispute | 2022 |
| Items in dispute | cleaning and grounds, insurance, other, repairs and maintenance, utilities |
| Items disallowed or reduced | other, repairs and maintenance |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | none stated |
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What the decision says
- flats n
a converted house of nine units
- years
Her challenge was in respect of the estimated service charges for the year 2022 /2023.
- outcome
The tribunal determines that of the two outstanding issues relating to Gardening charges and Health and Safety (Fire equipment) are assessed at £26.64 per annum for gardening and £19.14 per annum
- items reduced
Exercising the judgment of Solomon, we find that the correct figure for the year for the Health and Safety element should be £19.14 per annum.
- s20c
We find that it is just and equitable to make an order under s20C of the Act that the Respondent cannot recover the costs of these proceedings as a service charge
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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