LON/00AY/LSC/2022/0147 — service charge decision
In LON/00AY/LSC/2022/0147, decided 7 July 2023, the First-tier Tribunal considered 36 disputed service charge items at Flats 1, 2, 3 & 4, 32 Acre Lane, London SW2 5SG and Flats 1, 2 & 4, 18A Trinity Gardens, London SW9 8DP and found largely for the leaseholder: 18 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1, 2, 3 & 4, 32 Acre Lane, London SW2 5SG and Flats 1, 2 & 4, 18A Trinity Gardens, London SW9 8DP
Decision date: 7 July 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 |
|---|---|---|---|---|
| Buildings insurance (2020-21) | £1,769.92 | £1,769.92 | Allowed in full | — |
| Buildings insurance (2020-21) | £3,696.04 | £0 | Disallowed entirely | Demand formally invalid |
| Buildings insurance (2020-21) | £3,696.04 | £2,996.80 | Reduced | Demand formally invalid, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2020-21) | £2,021.80 | £2,021.80 | Allowed in full | — |
| Cleaning (2021-22) | £2,386.80 | £2,386.80 | Allowed in full | — |
| Cleaning (2021-22) | £2,500 | £2,500 | Allowed in full | — |
| Cleaning (2020-21) | £336 | £336 | Allowed in full | — |
| Cleaning (2021-22) | £540 | £540 | Allowed in full | — |
| Cleaning (2021-22) | £750 | £750 | Allowed in full | — |
| Cleaning (2021-22) | £830.40 | £830.40 | Allowed in full | — |
| Cleaning (2021-22) | £850 | £850 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £595.20 | £595.20 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £624 | £624 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £1,920 | £1,920 | Allowed in full | — |
| Repairs & maintenance (2020-21) | £1,300 | £1,300 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £4,783.20 | £1,427.40 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2021-22) | £1,860 | £1,320 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Utilities (2021-22) | £1,500 | £432 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021-22) | £818.26 | £230 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021-22) | £1,170 | £420 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021-22) | £1,995.74 | £1,995.74 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £822 | £822 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £772.70 | £772.70 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £581.82 | £581.82 | Allowed in full | — |
| Repairs & maintenance (2021-22) | £579.31 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Management fees (2020-21) | £1,872 | £748.88 | Reduced | Fee excessive for service delivered |
| Management fees (2021-22) | £2,515.20 | £1,006.08 | Reduced | Fee excessive for service delivered |
| Legal & professional costs (2020-21) | £600 | £480 | Reduced | Standard not reasonable (s19(1)(b)) |
| Legal & professional costs (2021-22) | £660 | £528 | Reduced | Standard not reasonable (s19(1)(b)) |
| Administration charges (2020-21) | — | — | Disallowed entirely | Not payable under the lease |
| Administration charges (2021-22) | — | — | Disallowed entirely | Not payable under the lease |
| Repairs & maintenance (2020-21) | £28.15 | £19.75 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2020-21) | £453 | £226.50 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2020-21) | £1,218 | £828 | Reduced | Landlord could not evidence the cost |
| Management fees (2020-21) | £2,018.49 | £1,715.23 | Reduced | Landlord could not evidence the cost |
| Other charges (2020-21) | £15,144.06 | £15,144.06 | Allowed in full | Apportionment error |
Section 20C order: granted.
Key passages (verbatim)
“The LL was correct in compliance with lease provision and sum payable. Any refund should be made by Goodsirs Ltd, the previous managing agent.”
“This sum is not payable until lease procedure at Schedule 6 is satisfied.”
“On satisfactory compliance of Schedule 6 procedure the sum payable is £2,996.80. The LL failed to provide full information about broker costs and whether policy forms part of block policy. Tribunal reduce sum payable by 20%.”
“The Tribunal accepts these charges as reasonable”
“The Tribunal accepts these charges as reasonable”
“The Tribunal accepts these charges as 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.