LON/00BB/LSC/2020/0216 — service charge decision
In LON/00BB/LSC/2020/0216, decided 4 December 2020, the First-tier Tribunal considered 14 disputed service charge items at 79 Sheringham Avenue, Manor Park, London, E12 5PF and found largely for the leaseholder: 14 items were reduced or disallowed. Full decision on GOV.UK below.
Property: 79 Sheringham Avenue, Manor Park, London, E12 5PF
Decision date: 4 December 2020
Full decision: Read on GOV.UK
Managing agent named in the decision: Warwick Estates Property Management Limited.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Other charges (2018) | £250 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2019) | £260 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2018) | £85 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018) | £120 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Poor standard of work |
| Repairs & maintenance (2018) | £331 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Repairs & maintenance (2019) | £300 | £0 | Disallowed entirely | Landlord could not evidence the cost, Works not necessary |
| Management fees (2018) | £309 | £0 | Disallowed entirely | Landlord could not evidence the cost, Fee excessive for service delivered |
| Management fees (2019) | £318 | £0 | Disallowed entirely | Landlord could not evidence the cost, Fee excessive for service delivered |
| Other charges (2018) | £180 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Other charges (2019) | £220 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Other charges (2018) | £17 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Other charges (2019) | £32 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Reserve fund contributions (2019) | £200 | £0 | Disallowed entirely | Not payable under the lease |
| Other charges (2020) | £1,990.60 | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal can see no justification for these fees. All that the lease required was for the landlord to quantify the sums that it had expended in 2018 and 2019.”
“The Tribunal can see no justification for these fees.”
“The Tribunal therefore disallows all the sums claimed for 2018 and 2019. The Respondent has produced no evidence to contradict this.”
“The bill was reduced because it was unable to carry out a test as there is no communal supply. Any competent managing agent should have been aware of this. This charge is manifestly unreasonable.”
“No invoices have been provided. The Respondent has not given any indication what works were executed… We accept the Applicant's evidence and disallow these claims.”
“No invoices have been provided. The Respondent has not given any indication what works were executed… The actual expenditure of £300 in 2019 was the same as the estimate. This seems surprising.”
“The Tribunal is not impressed by the 'Works Orders' whereby 'Warwick Estates' appoints 'Warwick Estate Property Management Limited' (see [21] above). Warwick Estates is no more than a trading name for Warwick Estates PML (see [5] above). It cannot appoint itself. In 2018, it seems to have appointed itself on four separate occasions (see sub-paragraphs (ii), (iii), (iv) and (v)). These works orders seem to be no more than a superfluous paper trail.”
“The bill was reduced because it was unable to carry out a test as there is no communal supply. Any competent managing agent should have been aware of this. This charge is manifestly unreasonable.”
“These seem to be no more than a paper exercise by Warwick Estates to justify an additional payment.”
“It is therefore impossible for the Respondent to contend that these reports were obtained for the benefit of the tenants.”
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.