LON/00BD/LSC/2020/0315 & others — service charge decision
In LON/00BD/LSC/2020/0315 & others, decided 25 February 2021, the First-tier Tribunal considered 7 disputed service charge items at Riverholme, Hampton Court Road, East Molesey, Surrey and found largely for the leaseholder: 7 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Riverholme, Hampton Court Road, East Molesey, Surrey
Decision date: 25 February 2021
Full decision: Read on GOV.UK
Managing agent named in the decision: Kinleigh Folkard & Hayward.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Major works (2019) | — | £250 | Reduced | No Section 20 consultation |
| Cleaning (2014) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Duplication of charges, Landlord could not evidence the cost |
| Cleaning (2015) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Duplication of charges, Landlord could not evidence the cost |
| Cleaning (2016) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Duplication of charges, Landlord could not evidence the cost |
| Cleaning (2017) | — | — | Reduced | Costs unreasonably incurred (s19(1)(a)), Duplication of charges, Landlord could not evidence the cost |
| Cleaning (2018) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2019) | — | — | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
Section 20C order: granted.
Key passages (verbatim)
“The Tribunal determines that the service charges in the 2019 service charge year in relation to the replacement of storage cupboard doors are limited to £250 per leaseholder for want of proper compliance with the consultation requirements.”
“50% of the service charges payable as a result of services by Quantum for the service charge years 2014 – 2017 are not reasonable and therefore not payable.”
“50% of the service charges payable as a result of services by Quantum for the service charge years 2014 – 2017 are not reasonable and therefore not payable.”
“50% of the service charges payable as a result of services by Quantum for the service charge years 2014 – 2017 are not reasonable and therefore not payable.”
“50% of the service charges payable as a result of services by Quantum for the service charge years 2014 – 2017 are not reasonable and therefore not payable.”
“the entirety of the service charges payable as a result of services by Quantum for the service charge years 2018 and 2019 are unreasonable and therefore not payable.”
“It seems clear that there was a degree of overlap between the scopes of the cleaning contractors, which is unreasonable in and of itself. It is equally clear, on the balance of probabilities, that the bin room was not regularly satisfactorily cleaned by the contractors (if it was cleaned at all) throughout the relevant period.”
“There is no hard evidence from the Respondents to counter that assertion beyond the fact that they received, they say, no complaints from the leaseholders, they were invoiced for the work and that the contractors were "trusted traders".”
“Invoices do not in and of themselves establish that cleaners attended the site or did a proper job when they did attend. There was no direct evidence from anyone from the Respondents who had inspected the site on a regular basis and who could give evidence of the cleanliness of the relevant areas.”
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.