HAV/43UM/LSC/2025/0801 — service charge decision
In HAV/43UM/LSC/2025/0801, decided 16 September 2026, the First-tier Tribunal considered 7 disputed service charge items at 3 Broadoaks Park Road, West Byfleet, Surrey and reached a mixed result: 6 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 3 Broadoaks Park Road, West Byfleet, Surrey
Decision date: 16 September 2026
Full decision: Read on GOV.UK
Managing agent named in the decision: Trust Property Management Limited (trading as Trust Premier / Nightingales Chancellors).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Cleaning (2022/2023) | £912 | £420 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2023/2024) | — | £8,241 | Allowed in full | — |
| Management fees (2024/2025) | £22,690 | £21,367.50 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)), Insurance not market tested |
| Management fees (2024/2025) | £720 | £600 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Cleaning (2024/2025) | £6,655.84 | £2,729.86 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost, Standard not reasonable (s19(1)(b)) |
| Gardening & grounds (2024/2025) | £111,318 | £107,718 | Reduced | Costs unreasonably incurred (s19(1)(a)), Poor standard of work, Landlord could not evidence the cost |
| Other charges (2025/2026) | £500 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal is satisfied on the balance of probabilities that the only amount charged for these works was £420.00, and this work was necessary and the cost was reasonably incurred.”
“the amount payable and reasonably incurred as service charge for the Coach House at the Broadoaks Park development for the 2024/2025 accounting year was £8241.00 as recorded in the relevant accounts.”
“The Tribunal is not satisfied that any management fee in excess of the annual increase in RPI from the 2023-2024 fee was reasonably incurred. There was no evidence of market testing or of other attempt to ensure the fee represented a reflection of an increase in costs.”
“The Tribunal is not satisfied that the Applicant's share of the management fee for the Coach House for this service charge year was reasonably incurred or the service was to a reasonable standard. The Applicant's one sixth share of this management fee (£120) is not payable to reflect this.”
“Doing the best that it can on the limited evidence available the Tribunal concludes reasonably incurred cleaning charges for the Coach House for the year ended 31st March 2025 were £2635.00 plus 3.6%.”
“the Tribunal is not satisfied that the gardening costs for the Phase 4 area were reasonably incurred or the works was carried out to a reasonable standard for this service charge year. The £250.00 plus VAT cost for this item is accordingly not payable.”
“The Respondent did not attend. It appears no explanation was given for that non-attendance.”
“Unfortunately, Mr Horne appears to have been instructed very late in the day and his skeleton argument and schedule of sums in issue were only made available on the morning of the hearing.”
“There was no attendance by the individual described as the property manager at Trust Property Management Jigar Savlar who signed the statement of truth in the Respondent's statement of case. ... No explanation was given for the absence of any live evidence or the non-attendance of Jigar Savlar at the hearing. No evidence was tendered by the Respondent or by the management company which has in practice been responsible for management of the Estate since late 2024 Broadoaks Park Management Company Limited.”
“The Respondent does not appear to have undertaken any steps to pursue alternative dispute resolution or to offer to bear the cost of determination of the legal issues.”
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.