LON/00AQ/LSC/2022/0290 — service charge decision
In LON/00AQ/LSC/2022/0290, decided 17 April 2023, the First-tier Tribunal considered 26 disputed service charge items at Flat 7, Chandos Court, Whitchurch Avenue, Edgware, London and reached a mixed result: 23 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 7, Chandos Court, Whitchurch Avenue, Edgware, London
Decision date: 17 April 2023
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 (2018-2019) | £44.78 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2018-2019) | £34.50 | £24 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Legal & professional costs (2018-2019) | £45 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Buildings insurance (2018-2019) | £259.28 | £259.28 | Allowed in full | — |
| Repairs & maintenance (2018-2019) | £158.42 | £119.48 | Reduced | Landlord could not evidence the cost |
| Other charges (2018-2019) | £221.25 | £221.25 | Allowed in full | — |
| Cleaning (2019-2020) | £44.78 | £0 | Disallowed entirely | Not payable under the lease |
| Buildings insurance (2019-2020) | £475.34 | £259.38 | Reduced | Insurance not market tested, Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019-2020) | £69.39 | £31.25 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2019-2020) | £261.08 | £21.88 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2020-2021) | £243.86 | £243.86 | Allowed in full | — |
| Other charges (2020-2021) | £172.58 | £0 | Disallowed entirely | Works not necessary |
| Other charges (2020-2021) | £11.44 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2020-2021) | £63.72 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020-2021) | £60 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2020-2021) | £67.50 | — | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2021-2022) | £524.62 | £259.38 | Reduced | Insurance not market tested, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2021-2022) | £120 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2022-2023) | £18.70 | £0 | Disallowed entirely | Not payable under the lease |
| Utilities (2022-2023) | £44.08 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2022-2023) | £480 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2022-2023) | £216 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2022-2023) | £474 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2022-2023) | £72.70 | £36.35 | Reduced | Landlord could not evidence the cost |
| Other charges (2022-2023) | £146.61 | £73.31 | Reduced | Landlord could not evidence the cost |
| Other charges (2022-2023) | £10.62 | £0 | Disallowed entirely | Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“no authority exists for this work in the leases of the flats in this block. Indeed, the windows are demised to the tenants and are therefore the responsibility of the tenants.”
“the form of accounts supplied was simplistic and crude and not in the standard format for annual accounts… the Tribunal substitutes £160 plus vat for the block charge of £276 so for the applicant this gives a charge of £24 inclusive of Vat.”
“no involvement of an accountant could be seen in the evidence in the Trial Bundle… the charge is disallowed in full.”
“the Tribunal accepted that there was no requirement on the landlord to find the cheapest quote… the item listed to insurance is approved as reasonable and payable.”
“No satisfactory evidence of the nature of the second works was supplied by the respondent. In the absence of any such evidence the Tribunal can only find the payment made of £119.48 to be reasonable for this applicant.”
“no authority exists for this work in the leases of the flats in this block. Indeed, the windows are demised to the tenants and are therefore the responsibility of the tenants.”
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.