LON/00AY/LSC/2023/0474 — service charge decision
In LON/00AY/LSC/2023/0474, decided 30 August 2024, the First-tier Tribunal considered 34 disputed service charge items at Flats A, B, C and D, 84 Railton Road, London SE24 0LD and reached a mixed result: 25 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats A, B, C and D, 84 Railton Road, London SE24 0LD
Decision date: 30 August 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2019/20) | £1,375.50 | £1,100.67 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2020/21) | £1,310 | £1,144.04 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2021/22) | £1,351 | £1,187.41 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2022/23) | £2,673.27 | £1,230.78 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2023/24) | £1,672.95 | £1,274.13 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2021/22) | £190.72 | £137.85 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2022/23) | £232.58 | £193.93 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Utilities (2023/24) | £350 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2020/21) | £974 | £720 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2021/22) | £1,065 | £720 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2022/23) | £918.80 | £720 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2023/24) | £1,200 | £720 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2022/23) | £688.80 | £376.99 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2023/24) | £750 | £414.69 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2021/22) | £258 | £0 | Disallowed entirely | Poor standard of work, Works not necessary, Landlord could not evidence the cost |
| Cleaning (2022/23) | £190.92 | £0 | Disallowed entirely | Poor standard of work, Works not necessary, Landlord could not evidence the cost |
| Cleaning (2023/24) | £350 | £0 | Disallowed entirely | Poor standard of work, Works not necessary, Landlord could not evidence the cost |
| Cleaning (2022/23) | £696 | £425 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2023/24) | £750 | £454 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2019/20) | £102 | £102 | Allowed in full | — |
| Repairs & maintenance (2020/21) | £102 | £102 | Allowed in full | — |
| Repairs & maintenance (2022/23) | £588 | £588 | Allowed in full | — |
| Repairs & maintenance (2023/24) | £500 | £500 | Allowed in full | — |
| Legal & professional costs (2019/20) | £360 | £360 | Allowed in full | — |
| Legal & professional costs (2020/21) | £378 | £378 | Allowed in full | — |
| Legal & professional costs (2021/22) | £408 | £408 | Allowed in full | — |
| Legal & professional costs (2022/23) | £438 | £438 | Allowed in full | — |
| Legal & professional costs (2023/24) | £468 | £468 | Allowed in full | — |
| Management fees (2019/20) | £1,152 | £576 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2020/21) | £1,161.60 | £580.80 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2021/22) | £1,171.20 | £585.60 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2022/23) | £1,180.80 | £590.40 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Management fees (2023/24) | £1,204 | £602 | Reduced | Fee excessive for service delivered, Standard not reasonable (s19(1)(b)) |
| Major works (2023/24) | £13,452 | £2,640 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“we are satisfied that it is appropriate to use that comparable evidence to set a reasonable charge for each year”
“we are satisfied that it is appropriate to use that comparable evidence to set a reasonable charge for each year”
“we are satisfied that it is appropriate to use that comparable evidence to set a reasonable charge for each year”
“we are satisfied that it is appropriate to use that comparable evidence to set a reasonable charge for each year”
“We are also satisfied with the Applicants' suggested methodology of gradually increasing the premium year on year to reflect inflationary pressures on the insurance market from the figure in 2018/19 (£1,057.30) to the Applicants' proposed figure of £1,274.13 for 2023/24”
“We consider the Applicants' alternative figures to be reasonable and are content with their methodology of gradually increasing the figure year on year to reflect inflationary pressures.”
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.