Decision of the First-tier Tribunal, Property Chamber – Buildings Insurance (Service Charges)
The First-tier Tribunal has determined that the 2018/19 insurance premium is payable in accordance with the terms of the leases and that it was reasonably incurred.
The First-tier Tribunal has concluded that the Council were correct to rely on the advice of their insurance broker and that the process followed by the Council in placing the insurance was competent and rational.
The First-tier Tribunal is satisfied that it was reasonable for the Council to secure insurance under a blanket policy and that there were overreaching benefits to leaseholders including savings in administrative costs and claims handling.
The First-tier Tribunal has determined that it was correct for the Council to maintain a policy for leaseholders which is separate from the general policy and that the Councils decision to have the level of excess at £100 was proportionate and reasonable.
For information on how to appeal this decision please refer to the Tribunal letter provided below.
Further to the above, some leaseholders have applied for permission to appeal the Tribunal’s decision. The Tribunal is considering the applications for permission to appeal.
Case Management Hearings
A case Management Hearing took place on Thursday 21 March 2019 at The Old Basement Theatre at Kensington Central Library. Following this hearing, the Tribunal has made directions, setting out actions to be taken by both the Royal Borough of Kensington and Chelsea and leaseholders.
A further hearing was scheduled for 14 and 15 January 2020, at Civic Suite Committee Room 1, Kensington Town Hall, Hornton Street, London, W8 7NX.
Tribunal hearing bundle
Download the Tribunal hearing bundle PDFs for Tuesday 14 and Wednesday 15 January 2020.
Letters from the Tribunal