Flats 1-16 Sloane Square House, 1 Holbein Place, London SW1W 8NS
LON/00AW/LSC/2021/0439 · service charges · Kensington and Chelsea · decided 29 Jul 2022
The tribunal found VAT on 2014 to 2017 insurance premiums and a £50,000 drainage reserve demand not payable, while the increased management fee from 2019 to 2022 was found payable in full, and the landlord's costs were barred from 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 | Dooba Investments II Limited |
| Management company | none named |
| Managing agent | none named |
| Building | A block, 16 flats |
| Service charge years in dispute | 2014, 2015, 2016, 2017 |
| Items in dispute | insurance, management fees, reserve fund |
| Items disallowed or reduced | insurance, reserve fund |
| Total demanded | not stated as one figure |
| Total found payable | not stated as one figure |
| Fees or costs ordered | the respondent's costs of the proceedings not to be added to the service charge or charged as an administration charge |
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What the decision says
- flats n
Flats 1-16 Sloane Square House
- freeholder
Dooba Investments II Limited
- agent
Commercial Estates Group Limited (“CEG”)
- years
VAT on insurance premiums for the years 2014 to 2017.
- outcome
The amounts characterised by the Respondent as VAT in respect of the insurance premiums for the years 2014 to 2017 are not payable at all.
- items reduced
The Applicant’s share of the £50,000 charge described in the accounts as an ‘accrual’ and relating to ‘common rainwater drainage repairs’ is not payable at all.
- s20c
The tribunal makes an order under section 20C of the Landlord and Tenant Act 1985 in favour of the Applicant that none of the costs incurred by the Respondent in connection with these proceedings can be added to the service charge.
- costs
none of the costs incurred by the Respondent in connection with these proceedings can be added to the service charge
The passages each figure was read from, verbatim. People's names are replaced with [name].
The original
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