Service Charge Check
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Flat 25 Palace Court 250 Finchley Road London NW3 6DN

LON/00AG/LSC/2023/0217 · service charges · Camden · decided 19 Jan 2024

The tribunal decided that year-end surpluses must be credited back to the service charge account rather than kept in the reserve fund, that the lift maintenance charge is capped at £100 per year because consultation was not carried out, that repairs and maintenance were agreed at a reduced figure for 2022, and that the landlord cannot pass its costs of the tribunal proceedings through the service charge.

OutcomeReduced
Section 20C (landlord's costs of the case)Order made
Section 20 consultationConsultation failure found
Who appliedLeaseholder(s)
Freeholder / landlordP C Residents (Finchley Road) Ltd
Management companyP C Residents (Finchley Road) Ltd
Managing agentnone named
BuildingOne flat
Service charge years in dispute2019, 2020, 2021, 2022
Items in disputelegal and professional fees, other, repairs and maintenance, reserve fund, utilities
Items disallowed or reducedother, repairs and maintenance, 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

flats n
twenty one flats in two blocks on the first to fifth floors
freeholder
Respondent : [name] (Finchley Road) Ltd
years
service charge years 2019, 2020, 2021 and 2022
outcome
The tribunal determines that the surpluses for each year should be credited back to the service charge account.
items reduced
£472 was agreed on the balance of probabilities to be a not unreasonable contribution for the repairs and maintenance for 2022.
s20c
the tribunal determines that it is just and equitable in the circumstances for an order to be made under section 20C of the 1985 Act
s20
since section 20 consultation had not been undertaken the respondent is limited to collecting £100 per year

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

The original

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