LON/00AY/LSC/2024/0034 — service charge decision
In LON/00AY/LSC/2024/0034, decided 9 August 2024, the First-tier Tribunal considered 10 disputed service charge items at Flats 1, 2, 3 & 1 173a & Flat 1 175 Abbeville Road, London SW4 9JJ and reached a mixed result: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1, 2, 3 & 1 173a & Flat 1 175 Abbeville Road, London SW4 9JJ
Decision date: 9 August 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Ltd (Mr Gurvits).
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2023) | £2,439.26 | £2,464.91 | Allowed in full | — |
| Repairs & maintenance (2023) | £1,200 | £1,248 | Reduced | Landlord could not evidence the cost, Other grounds |
| Repairs & maintenance (2024) | £1,200 | £672 | Reduced | Landlord could not evidence the cost |
| Other charges (2024) | £450 | £350 | Reduced | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £810 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £570 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £800 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Other charges (2023) | £300 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2023) | £606.22 | £606.22 | Allowed in full | — |
| Major works (2023) | £12,154 | — | Withdrawn | — |
Section 20C order: granted.
Key passages (verbatim)
“The tribunal determines that a reasonable premium for the year May 2023 to May 2024 is £2,464.91.”
“The tribunal determines that it is reasonable to charge for monthly fire testing by JHB Fire Services and that the monthly charge of £48 (£576 per annum) is reasonable. The tribunal determines that the amount of £672 per annum payable in respect of servicing to Essential Safety Products ('ESP') to be reasonable.”
“The tribunal determines that a reasonable amount payable in respect of estimated Fire, Health & Safety servicing by ESP for the year to December 2024 is also £672.”
“The tribunal determines that a reasonable sum for the estimated charge for a Fire Health & Safety Risk Assessment in 2024 is £350.”
“The limited inconclusive photographic evidence before the tribunal shows some work has been done to the chimney but not when. The Tribunal find that there is no evidence before it that any work was done in 2023.”
“The tribunal find no evidence before it that work has been done to the communal stair edge to any standard that would justify any charge.”
“The respondent has again provided no evidence that it or the freeholder tested the market before placing the insurance has obtained competitive quotes before placing the insurance”
“The tribunal finds that Mr Gurvits failed to engage in the process. Having done so might have prevented the need for a hearing. In particular, it was not of assistance to the tribunal that Mr Gurvits did not attend the hearing.”
“Mr Gurvits might have been able to assist the tribunal had he attended the hearing but he chose not to.”
“Again it would have assisted the tribunal if Mr Gurvits had attended the hearing.”
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.