LON/00AY/LSC/2021/0267 & others — service charge decision
In LON/00AY/LSC/2021/0267 & others, decided 30 May 2022, the First-tier Tribunal considered 30 disputed service charge items at Corben Mews, 46-48 Clyston St, London SW8 4TA and reached a mixed result: 18 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Corben Mews, 46-48 Clyston St, London SW8 4TA
Decision date: 30 May 2022
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 |
|---|---|---|---|---|
| Buildings insurance (2018/19) | £2,047.37 | £1,636 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018/19) | £2,361.88 | £2,105.50 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018/19) | — | £454 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2018/19) | — | — | Allowed in full | — |
| Buildings insurance (2019/20) | — | — | Disallowed entirely | — |
| Cleaning (2018/19) | — | £500 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2019/20) | — | £1,000 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2020/21) | — | £1,000 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2019/20) | — | £80 | Reduced | — |
| Cleaning (2020/21) | — | £80 | Reduced | — |
| Cleaning (2019/20) | — | — | Disallowed entirely | Not payable under the lease |
| Cleaning (2020/21) | — | — | Disallowed entirely | Not payable under the lease |
| Other charges (2020/21) | £3,000 | £3,000 | Allowed in full | — |
| Other charges (2021/22) | £954.16 | £954.16 | Allowed in full | — |
| Other charges (2021/22) | £552.24 | £552.24 | Allowed in full | — |
| Other charges (2019/20) | £384 | £384 | Allowed in full | — |
| Repairs & maintenance (2020/21) | £4,036.83 | — | Disallowed entirely | Other grounds |
| Repairs & maintenance (2020/21) | £1,608 | £900 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2020/21) | £5,232 | £5,232 | Allowed in full | — |
| Repairs & maintenance (2020/21) | £6,720 | — | Disallowed entirely | Not payable under the lease |
| Other charges (2019/20) | £1,440 | £1,440 | Allowed in full | — |
| Other charges (2018/19) | — | — | Withdrawn | — |
| Other charges (2019/20) | — | — | Withdrawn | — |
| Legal & professional costs (2018/19) | £1,020 | £1,020 | Allowed in full | — |
| Legal & professional costs (2019/20) | £1,110 | £1,110 | Allowed in full | — |
| Legal & professional costs (2021/22) | £930 | £930 | Allowed in full | — |
| Management fees (2018/19) | — | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2019/20) | — | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2020/21) | — | — | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Other charges (2021/22) | £164.64 | — | Disallowed entirely | — |
Section 20C order: granted.
Key passages (verbatim)
“a reasonable charge for the previous insurance would be 80% of the previous premium in each case, namely £1,636 for Block A and £2,105.50 for Block B”
“a reasonable charge for the previous insurance would be 80% of the previous premium in each case, namely £1,636 for Block A and £2,105.50 for Block B”
“£454 (80% of the certified sum of £567.51) for terrorism cover”
“in the absence of any evidence to the contrary the tribunal accept the certification by Martin + Heller as evidence that these fees were incurred”
“The tenants are therefore not liable to pay for the cost of the insurance valuation by way of the service charge.”
“a charge of £500 for August to December 2019 to be reasonable”
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.