BIR/00FY/LIS/2022/0032 — service charge decision
In BIR/00FY/LIS/2022/0032, decided 23 February 2026, the First-tier Tribunal considered 34 disputed service charge items at Flats G04, 220, 305, 307, 317 and 318 Avalon Court, Kent Street, Nottingham and reached a mixed result: 28 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats G04, 220, 305, 307, 317 and 318 Avalon Court, Kent Street, Nottingham
Decision date: 23 February 2026
Full decision: Read on GOV.UK
Managing agent named in the decision: Xenia Estates Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Utilities (2017-18) | — | — | Reduced | No Section 20 consultation |
| Utilities (2018-19) | — | — | Reduced | No Section 20 consultation |
| Utilities (2019-20) | — | — | Reduced | No Section 20 consultation |
| Utilities (2020-21) | — | — | Reduced | No Section 20 consultation |
| Utilities (2021-22) | — | £60,234 | Allowed in full | — |
| Utilities (2017-18) | — | £9,424.22 | Reduced | Leaseholder evidence insufficient |
| Utilities (2018-19) | — | £9,145 | Allowed in full | — |
| Utilities (2019-20) | — | £7,416 | Allowed in full | — |
| Utilities (2020-21) | — | £4,356.02 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2021-22) | — | £6,586 | Allowed in full | — |
| Utilities (2017-18) | — | £8,509.88 | Reduced | Duplication of charges |
| Repairs & maintenance (2017-18) | — | £5,199.39 | Reduced | Not payable under the lease, Duplication of charges |
| Repairs & maintenance (2018-19) | — | £22,303.97 | Reduced | Not payable under the lease |
| Repairs & maintenance (2019-20) | — | £10,775.94 | Reduced | Not payable under the lease |
| Repairs & maintenance (2020-21) | — | £3,962.51 | Reduced | Not payable under the lease |
| Repairs & maintenance (2021-22) | — | £3,087.59 | Reduced | Not payable under the lease |
| Cleaning (2017-18) | — | £22,385.60 | Reduced | Not payable under the lease |
| Cleaning (2018-19) | — | £4,215 | Reduced | Not payable under the lease |
| Other charges (2018-19) | — | £31,646 | Allowed in full | — |
| Lifts (2019-20) | — | £230 | Reduced | Duplication of charges |
| Lifts (2020-21) | — | £2,529 | Reduced | Duplication of charges |
| Other charges (2017-18) | — | £3,340 | Allowed in full | — |
| Other charges (2018-19) | — | £9,666 | Reduced | Not payable under the lease |
| Other charges (2019-20) | — | £3,069 | Reduced | — |
| Staffing & concierge (2020-21) | — | £40,466 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Staffing & concierge (2021-22) | — | £61,369 | Reduced | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2017-18) | — | £21,000 | Reduced | Fee excessive for service delivered, No Section 20 consultation, Standard not reasonable (s19(1)(b)) |
| Management fees (2018-19) | — | £21,000 | Reduced | Fee excessive for service delivered, No Section 20 consultation, Standard not reasonable (s19(1)(b)) |
| Management fees (2019-20) | — | £21,000 | Reduced | Fee excessive for service delivered, No Section 20 consultation, Standard not reasonable (s19(1)(b)) |
| Management fees (2020-21) | — | £21,000 | Reduced | Fee excessive for service delivered, No Section 20 consultation, Standard not reasonable (s19(1)(b)) |
| Management fees (2021-22) | — | £23,245.60 | Reduced | Fee excessive for service delivered, No Section 20 consultation, Standard not reasonable (s19(1)(b)) |
| Other charges (2017-18) | — | £0 | Disallowed entirely | Section 20B 18-month time limit |
| Other charges (2018-19) | — | £0 | Disallowed entirely | Section 20B 18-month time limit |
| Other charges (2019-20) | — | £0 | Disallowed entirely | Section 20B 18-month time limit |
Section 20C order: granted.
Key passages (verbatim)
“for the service charge years 2018/19 and 2019/20 the relevant contribution of each leaseholder towards electricity was limited to £100.00 per service charge year.”
“for the service charge years 2018/19 and 2019/20 the relevant contribution of each leaseholder towards electricity was limited to £100.00 per service charge year.”
“for the service charge years 2018/19 and 2019/20 the relevant contribution of each leaseholder towards electricity was limited to £100.00 per service charge year.”
“in addition to the £100.00 capped amount per leaseholder, an additional amount of £3,908.63 … was payable from 9 January 2021 to 31 January 2021 and £20,696.22 was payable from 1 February 2021 to 31 August 2021, amounting to an additional figure payable of £24,604.85.”
“the Tribunal found that there was insufficient evidence to suggest that the rates were not reasonable and that the full amount of £60,234.00 was payable.”
“The Tribunal found that the amount payable was £9,424.22.”
This summary is assembled from the structured record of the published decision; amounts appear only where the tribunal stated them. Always rely on the full decision itself.