LON/00AF/LSC/2024/0016 — service charge decision
In LON/00AF/LSC/2024/0016, decided 24 July 2024, the First-tier Tribunal considered 11 disputed service charge items at Brookbury House, 2 Blackbrook Lane, Bromley and found largely for the leaseholder: 11 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Brookbury House, 2 Blackbrook Lane, Bromley
Decision date: 24 July 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Ltd..
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2023) | £127.14 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Cleaning (2023) | £1,009.44 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £319.03 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2023) | £1,290 | £0 | Disallowed entirely | Landlord could not evidence the cost, Poor standard of work |
| Repairs & maintenance (2023) | £228 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £288 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2023) | £300 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Other charges (2023) | £122.93 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Administration charges (2023) | £720 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Administration charges (2023) | £360 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Management fees (2023) | £484.20 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“Insurance policy renewal date is 1st February 2024. Insurance was previously paid in full in the previous service charge year, therefore not applicable…”
“No evidence of invoice of works carried out. Within our service charge with BBPM the cleaning fee for the whole year is £800 or £66.66 a month. Gardening is £1050 for the years or £87.50.”
“No evidence or invoice of works carried out. Requires access to Flats 1 & 2 to carry out the works.”
“No evidence or invoice of works carried out. New managing agent carried out a fire health & safety inspection (appendix 2) and found out all emergency lights failed tests showing no previous inspection was carried out by Eagerstates Ltd.”
“No evidence or invoice of works carried out.”
“No evidence or invoice of works carried out. Requires access to Flats 1 & 2 to carry out the works.”
“The respondent should have provided, but was reported as having chronically neglected to provide, a "handover pack" to the applicant RTM Co.. This should have set out, among other matters, services and service charges arising in respect of communal areas at the Property. It has reportedly still failed to do so, even on request from the RTM Co's new estate manager BBPM Ltd..”
“The applicant essentially complied: The respondent did not. Crucial among this was the full and timely disclosure by the respondent of services and service charges claimed. The respondent did not provide these to the applicant or Tribunal.”
“On 30 April 2024, the Tribunal, through Deputy Regional Judge Mark Martynski, issued an "Unless" Order for compliance with the disclosure requirements under the initial Directions, by the respondent. The respondent did not provide these to the applicant or Tribunal.”
“At best the 11 Items of service charge listed and priced amount to an aspiration by the respondent and their agent, to procure and provide, monitor charge and recover the allocated charges in each case.”
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.