LON/00AY/LSC/2022/0222 — service charge decision
In LON/00AY/LSC/2022/0222, decided 22 May 2023, the First-tier Tribunal considered 6 disputed service charge items at Flats B & C, 90 Landor Road, London SW9 9PE and found largely for the leaseholder: 5 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats B & C, 90 Landor Road, London SW9 9PE
Decision date: 22 May 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 |
|---|---|---|---|---|
| Other charges (2021) | £662.97 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2021) | £733.47 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Management fees (2021-22) | £240 | £0 | conceded | — |
| Administration charges (2021) | £60 | £50 | Reduced | Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Administration charges (2022) | £60 | £50 | Reduced | Costs unreasonably incurred (s19(1)(a)), Not payable under the lease |
| Legal & professional costs (2022) | £120 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“in a Statement of Account dated 19/09/2022 from Eagerstates Ltd the balance said to be owing in respect of the property as of 23/03/2020 was nil and as of 18 March 2020 the applicant's RTM company had acquired the 'right to manage.'”
“in a Statement of Account dated 19/09/2022 from Eagerstates Ltd the balance said to be owing in respect of the property as of 23/03/2020 was nil and as of 18 March 2020 the applicant's RTM company had acquired the 'right to manage.'”
“£240 management fee for the period 2021-22 (now conceded by the respondent to have been demanded in error).”
“clause 5(3)(f)(i) makes provision for the imposition of fees for the collection of the rent and must not exceed 15%. The tribunal finds the sum of £60 exceeds this limit and therefore reduced the administration charge to £50 in 2021 and 2022 as being a reasonable sum for this routine administrative task.”
“clause 5(3)(f)(i) makes provision for the imposition of fees for the collection of the rent and must not exceed 15%. The tribunal finds the sum of £60 exceeds this limit and therefore reduced the administration charge to £50 in 2021 and 2022 as being a reasonable sum for this routine administrative task.”
“the purported claim for breaches of lease due to non-payment of service charges, was wholly misguided and unreasonable and are therefore these costs are not payable by the first and second applicants.”
“the purported claim for breaches of lease due to non-payment of service charges, was wholly misguided and unreasonable and are therefore these costs are not payable by the first and second applicants.”
“The tribunal did not allow this late evidence to be relied upon by the respondent as no reason for its late service was provided and no person attended who could give evidence about it.”
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.