CAM/22UH/LSC/2021/0045 — service charge decision
In CAM/22UH/LSC/2021/0045, decided 9 August 2022, the First-tier Tribunal considered 51 disputed service charge items at 1-33 Brooklyn Court, Loughton, IG10 1AQ and reached a mixed result: 26 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 1-33 Brooklyn Court, Loughton, IG10 1AQ
Decision date: 9 August 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Warwick Estates (from April 2019); previously Houston Lawrence and Mark Taylor.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance (2014) | £6,957.06 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2015) | £5,844 | £4,912.72 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2017) | £11,396.39 | £11,396.39 | Allowed in full | — |
| Other charges (2017) | £2,550 | £2,550 | Allowed in full | — |
| Other charges (2017) | £612 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2018) | £4,666.32 | £4,666.32 | Allowed in full | — |
| Other charges (2018) | £810 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Buildings insurance (2018) | £3,386.58 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs (2018) | £3,600 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Management fees (2019) | £900 | £0 | Disallowed entirely | Duplication of charges |
| Other charges (2019) | £235 | £235 | Allowed in full | — |
| Other charges (2019) | £264 | £264 | Allowed in full | — |
| Repairs & maintenance (2019) | £3,696 | £2,071 | Reduced | Landlord could not evidence the cost |
| Buildings insurance (2019) | £90 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs (2019) | £7,767 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2019) | £347 | £347 | Allowed in full | — |
| Other charges (2019) | £325 | £325 | Allowed in full | — |
| Other charges (2019) | £203 | £203 | Allowed in full | — |
| Legal & professional costs (2019) | £875 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2019) | £3,520 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2019) | £6,618.77 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £7,256.27 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £4,015.53 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £1,700 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £11,289.26 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £1,670.75 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Management fees (2020) | £1,818 | £1,818 | Allowed in full | — |
| Repairs & maintenance (2020) | £3,405 | £2,546.38 | Reduced | Landlord could not evidence the cost |
| Other charges (2020) | £296 | £296 | Allowed in full | — |
| Buildings insurance (2020) | £18,015 | £12,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Insurance not market tested |
| Buildings insurance (2020) | £250 | £250 | Allowed in full | — |
| Utilities (2020) | £1,020 | £1,020 | Allowed in full | — |
| Other charges (2020) | £1,255 | £1,255 | Allowed in full | — |
| Other charges (2020) | £100 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020) | £1,500 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020) | £237.60 | £237.60 | Allowed in full | — |
| Legal & professional costs (2020) | £2,411 | £0 | Disallowed entirely | Not payable under the lease |
| Management fees (2021) | £8,587.11 | £8,587.11 | Allowed in full | — |
| Repairs & maintenance (2021) | £3,000 | £3,000 | Allowed in full | — |
| Other charges (2021) | £200 | £200 | Allowed in full | — |
| Buildings insurance (2021) | £19,000 | £13,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2021) | £500 | £500 | Allowed in full | — |
| Other charges (2021) | £927 | £927 | Allowed in full | — |
| Other charges (2021) | £629 | £629 | Allowed in full | — |
| Cleaning (2021) | £3,000 | £3,000 | Allowed in full | — |
| Other charges (2021) | £500 | £500 | Allowed in full | — |
| Other charges (2021) | £1,500 | £1,500 | Allowed in full | — |
| Other charges (2021) | £100 | £100 | Allowed in full | — |
| Other charges (2021) | £238 | £238 | Allowed in full | — |
| Other charges (2021) | £8,412 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2021) | £10,500 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Key passages (verbatim)
“The Respondent provided no evidence at all of incurring these costs. Mr Gale didn't appear to have made any inquiries with the previous agents. The Tribunal disallows the sum in full.”
“In the bundle the Tribunal were provided evidence of invoices which totalled £4912.72. This is the sum allowed. The Tribunal is unwilling to give the Respondent the benefit of the doubt in relation to the remaining unevidenced sums.”
“In the bundle The Tribunal were provided with invoices which exceeded the amount claimed therefore the full amount is allowed.”
“In the bundle the Tribunal were provided with invoices which justified this amount therefore the full amount is allowed.”
“There was no evidence that this sum had been incurred therefore it is disallowed.”
“In the bundle the Tribunal were provided with invoices which justified this amount therefore the amount is allowed in full.”
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.