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Flat 1, 12 Walpole Street, London, SW3 4QP

LON/00AW/LSC/2023/0074 · service charges · Kensington and Chelsea · decided 31 Aug 2023

figures not yet checked

The Tribunal held that the lease does not allow a reserve fund to be collected, that the service charge demands were not validly served until the case was received in 2023 so only costs incurred after 24 November 2021 are payable, that no administration fees for late payment or debt collection are payable under the lease, and it made a 75% section 20C order.

OutcomeReduced
Section 20C (landlord's costs of the case)Order made
Section 20 consultationNot in issue
Who appliedLandlord or management company
Freeholder / landlord12 Walpole Street Freehold Limited
Management companynone named
Managing agentHML PM Ltd
BuildingOne flat
Service charge years in dispute2019
Items in disputeadministration charges, reserve fund
Items disallowed or reducedadministration charges, reserve fund
Total demandednot stated as one figure
Total found payablenot stated as one figure
Fees or costs orderednone stated

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What the decision says

freeholder
Applicant : 12 Walpole Street Freehold Limited
agent
the managing agents, HML PM Ltd
years
in respect of the service charge years from December 2019.
outcome
Where the lessor has purported to demand a contribution to the reserve fund, that element of the service charge is not payable under the lease.
items reduced
Where the lessor has purported to demand a contribution to the reserve fund, that element of the service charge is not payable under the lease.
s20c
under section 20C of the 1985 Act that 75% of the costs incurred

The passages each figure was read from, verbatim. People's names are replaced with [name].

The original

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