LON/00AF/LSC/2024/0112 — service charge decision
In LON/00AF/LSC/2024/0112, decided 16 September 2024, the First-tier Tribunal considered 14 disputed service charge items at Flats C (Flat 3) and A (Flat 1), 141 Croydon Road, London, SE20 7TT and reached a mixed result: 9 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats C (Flat 3) and A (Flat 1), 141 Croydon Road, London, SE20 7TT
Decision date: 16 September 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 |
|---|---|---|---|---|
| Cleaning (2021-22) | £1,339.80 | £72 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021-22) | £690 | £690 | Allowed in full | — |
| Other charges (2021-22) | £234 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2021-22) | £725 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Repairs & maintenance (2021-22) | £259.20 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Major works (2021-22) | £1,776 | £0 | Disallowed entirely | No Section 20 consultation, Landlord could not evidence the cost |
| Management fees (2021-22) | £904.32 | £1,453.07 | Reduced | Apportionment error |
| Buildings insurance (2021-22) | £2,276.38 | £2,276.38 | Allowed in full | — |
| Utilities (2021-22) | £752.46 | £752.46 | Allowed in full | — |
| Cleaning (2021-22) | £1,117.72 | £1,117.72 | Allowed in full | — |
| Gardening & grounds (2021-22) | £1,353.84 | £1,353.84 | Allowed in full | — |
| Other charges (2022-23) | £14,732.53 | £0 | Disallowed entirely | Not payable under the lease |
| Administration charges (2022-23) | £60 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022-23) | £953.29 | £0 | Disallowed entirely | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal used its own knowledge and expertise and determined that a reasonable charge for cleaning 9 bins would be £3.99 per bin. This meant that the charge for the bins to be cleaned twice per year would be £72.”
“The Tribunal accepted that the report was necessary, and, using its professional judgement, found that the charge of £690 was reasonable for a report of this nature.”
“There was no evidence before the Tribunal that this inspection had been completed. In the absence of any invoice, the Tribunal found that this charge was not reasonable.”
“The Tribunal did not have any invoice or evidence before it of what was involved in this work or that it was completed. The Tribunal therefore did not find this charge reasonable and disallowed it.”
“The Tribunal therefore found that there was no evidence before it of the work being completed and chargeable in the service charge year ending September 2022. The Tribunal therefore disallowed this amount.”
“The Tribunal accepted the Applicants' evidence that a Section 20 notice had not been served and further the Tribunal was not satisfied that the work had been completed. The Tribunal was not provided with any invoices or any evidence of work that was completed to justify this charge.”
“The Tribunal was disappointed to note that the Respondent had not clarified the period that the accounts related to when asked by the Applicants as this could have ended any uncertainty.”
“The Respondent did not appear, was not represented and did not provide the Tribunal with any explanation for non-attendance.”
“the Respondent had not complied with the Tribunal's directions that required the Respondent to specify their case.”
“In light of these findings, the Tribunal did not understand how the Respondent calculated the fees and charges on amounts that they said were outstanding.”
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.