Flat 1, 30 Upper Berkeley Street, London W1H 5QE
LON/00BK/LSC/2022/0325 · service charges · Westminster · decided 19 Jun 2023
The tribunal found the porterage charges not payable at all and limited the leaseholder's contributions to cleaning and management fees to £100 per year each for 2015/16 to 2021/22 because the landlord failed to consult on long-term contracts, while other charges were found payable in full.
| Outcome | Reduced |
|---|---|
| Section 20C (landlord's costs of the case) | Order made |
| Section 20 consultation | Consultation failure found |
| Who applied | Leaseholder(s) |
| Freeholder / landlord | not a company, or not stated |
| Management company | none named |
| Managing agent | Square Estate Management Limited |
| Building | One flat, 6 flats |
| Service charge years in dispute | 2015, 2016, 2017, 2018, 2019, 2020, 2021 |
| Items in dispute | administration charges, cleaning and grounds, insurance, management fees, other, repairs and maintenance |
| Items disallowed or reduced | cleaning and grounds, management fees, other |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the applicant's Paragraph 5A order: none of the respondents' costs of the proceedings can be charged direct to the appli |
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What the decision says
- flats n
The Property is a flat within a town house containing 6 flats.
- agent
Ms [name] of Square Estate Management Limited – the Respondents’ managing agents
- years
In relation to each of the service charge years 2015/16 to 2021/22 inclusive
- outcome
the porterage charges are not payable at all by the Applicant;
- items reduced
the Applicant’s contribution towards the cleaning charges is limited to £100 per year;
- s20c
The tribunal also makes an order under section 20C of the Landlord and Tenant Act 1985 in favour of the Applicant that no more than 50%
- s20
The Respondents have neither complied with the consultation requirements in relation to these contracts nor applied for dispensation.
- costs
none of the costs incurred by the Respondents in connection with these proceedings can be charged direct to the Applicant as an administration charge under his lease.
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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