CHI/00ML/LSC/2023/0150 — service charge decision
In CHI/00ML/LSC/2023/0150, decided 19 July 2024, the First-tier Tribunal considered 27 disputed service charge items at Flats 1, 2 and 3, 19 Charles Street, Brighton BN2 1TG and found largely for the leaseholder: 23 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1, 2 and 3, 19 Charles Street, Brighton BN2 1TG
Decision date: 19 July 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018) | — | — | Reduced | Other grounds |
| Repairs & maintenance (2019) | £1,045 | £691 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2020) | £72 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020) | — | — | Allowed in full | — |
| Other charges (2021) | £300 | £300 | Allowed in full | — |
| Other charges (2021) | £722.70 | £0 | Reduced | Duplication of charges, Landlord could not evidence the cost |
| Other charges (2021) | £1,080 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Repairs & maintenance (2021) | £624 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2022) | £2,228.46 | £450 | Reduced | Landlord could not evidence the cost, Duplication of charges |
| Repairs & maintenance (2022) | £750 | £0 | Disallowed entirely | Poor standard of work, Landlord could not evidence the cost |
| Other charges (2022) | £942 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Other charges (2022) | — | — | Allowed in full | — |
| Other charges (2022) | £690 | £690 | conceded | — |
| Repairs & maintenance (2022) | £1,128 | £602 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2022) | £498 | £0 | Disallowed entirely | Poor standard of work |
| Repairs & maintenance (2022) | £420 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2022) | £39,294 | £0 | Disallowed entirely | Poor standard of work, Works not necessary, Landlord could not evidence the cost |
| Repairs & maintenance (2022) | £390 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Buildings insurance (2023) | £4,033.10 | £3,000 | Reduced | Insurance not market tested, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2023) | £225.51 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Cleaning (2023) | £1,296 | £600 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2023) | £312 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2023) | £2,396 | £800 | Reduced | Landlord could not evidence the cost, Duplication of charges |
| Repairs & maintenance (2023) | £750 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £3,400 | £750 | Reduced | Costs unreasonably incurred (s19(1)(a)), Fee excessive for service delivered |
| Repairs & maintenance (2023) | £156 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £504 | £0 | Disallowed entirely | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“the sum of £2628.28 received by the Respondent in 2018 ought to have been applied to the service charge account and have reduced the sums required to be demanded as service charges”
“The Tribunal determined the disputed service charges were payable save for £354.00, disallowing that part of the service costs”
“The weight comfortably lay with a lack of window cleaning being carried out and so the charge being for a service not carried out.”
“The Tribunal allowed this service charge in full.”
“The Tribunal accepted that it was reasonable for the Respondent to have undertaken a risk assessment and allowed the £300.00.”
“The Tribunal therefore disallowed £722.70 of this item, so £144.54 per Applicant.”
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.