LON/00AZ/LSC/2024/0061 — service charge decision
In LON/00AZ/LSC/2024/0061, decided 17 September 2024, the First-tier Tribunal considered 40 disputed service charge items at First Floor Flat, 9 Honor Oak Park, London SE23 1DX and gave a decision: 33 items were reduced or disallowed. Full decision on GOV.UK below.
Property: First Floor Flat, 9 Honor Oak Park, London SE23 1DX
Decision date: 17 September 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerestates Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2020) | £487.32 | £243.66 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2021) | £503.04 | £250 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2022) | £597.96 | £262.50 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2023) | £1,016.87 | £275 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Buildings insurance (2024) | £1,019.25 | £287.50 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020-2024) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2020-2024) | — | — | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2020) | £126 | £126 | Allowed in full | — |
| Other charges (2021-2024) | — | — | Disallowed entirely | Works not necessary, Landlord could not evidence the cost |
| Other charges (2020-2021) | — | — | Disallowed entirely | Works not necessary, Landlord could not evidence the cost |
| Other charges (2020-2024) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2021) | £184.84 | £184.84 | Allowed in full | — |
| Other charges (2022) | £285.12 | £285.12 | Allowed in full | — |
| Other charges (2023) | £264 | £100 | Reduced | Landlord could not evidence the cost |
| Other charges (2024) | £250 | £100 | Reduced | Landlord could not evidence the cost |
| Other charges (2023) | £72 | £10 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2021) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2022) | — | — | Withdrawn | — |
| Other charges (2020-2024) | — | — | Disallowed entirely | Landlord could not evidence the cost, Duplication of charges |
| Cleaning (2020-2023) | — | — | Disallowed entirely | Landlord could not evidence the cost, Not payable under the lease |
| Other charges (2020) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £300 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2022) | £149.40 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2023) | £150 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022) | £27 | £0 | Disallowed entirely | Landlord could not evidence the cost, Apportionment error |
| Utilities (2023) | £70.11 | £70.11 | Allowed in full | — |
| Utilities (2024) | £125 | £125 | Allowed in full | — |
| Repairs & maintenance (2021) | £250 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2022-2023) | £5,920 | £720 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Gardening & grounds (2022) | £237.50 | £75 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2021) | £150 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2022) | £150 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2023) | £330 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2024) | £175 | £100 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Major works (2022-2023) | £6,705 | £6,043 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2022-2024) | — | — | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2023) | £5,454 | £1,465 | Reduced | Poor standard of work, Costs unreasonably incurred (s19(1)(a)) |
| Repairs & maintenance (2024) | £125 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Legal & professional costs (2020-2024) | — | — | Disallowed entirely | Other grounds |
| Management fees (2020-2024) | — | — | Allowed in full | — |
Key passages (verbatim)
“Having regard to this comparable quote and our experience as an expert tribunal we assess the sum claimed in 2020 was reasonable.”
“We assess the reasonable charge for insurance for the year 2021 as £500 (£1000 for the whole building).”
“We assess that the sums £525, £550 and £575 would have been reasonable for the years 2022, 2023 and 2024 respectively.”
“We assess that the sums £525, £550 and £575 would have been reasonable for the years 2022, 2023 and 2024 respectively.”
“The highest of the two was for £575 each for both flats. There was no additional broker's fee payable in respect of either quote.”
“We note that Mr Holland was able to obtain both comparable quotations without engaging the services of a surveyor... We accept that this charge was not reasonably incurred.”
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.