LON/00BE/LSC/2022/0384 — service charge decision
In LON/00BE/LSC/2022/0384, decided 20 February 2024, the First-tier Tribunal considered 12 disputed service charge items at Kaleidoscope Apartments, 265 Lordship Lane, London SE22 8JG and found largely for the leaseholder: 12 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Kaleidoscope Apartments, 265 Lordship Lane, London SE22 8JG
Decision date: 20 February 2024
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagerstates Ltd.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Administration charges (2020) | £150 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Administration charges (2020) | £240 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Other grounds |
| Other charges (2021) | £6,240 | £0 | Disallowed entirely | No Section 20 consultation, Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Legal & professional costs (2021) | £3,600 | £0 | Disallowed entirely | No Section 20 consultation, Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £245 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £6,138 | £0 | Disallowed entirely | No Section 20 consultation, Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2021) | £540 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2021) | £438 | £0 | Disallowed entirely | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Management fees (2022) | £2,200 | £900 | Reduced | Fee excessive for service delivered, Costs unreasonably incurred (s19(1)(a)) |
| Cleaning (2022) | £2,329 | £1,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Poor standard of work |
| Repairs & maintenance (2022) | £3,404.92 | £0 | Disallowed entirely | Landlord could not evidence the cost, Costs unreasonably incurred (s19(1)(a)) |
| Administration charges (2023) | £594 | £0 | Disallowed entirely | Not payable under the lease, Costs unreasonably incurred (s19(1)(a)) |
Section 20C order: granted.
Key passages (verbatim)
“It is not reasonable to have imposed the charges in the particular circumstances and so they are not payable.”
“It is not reasonable to have imposed the charges in the particular circumstances and so they are not payable.”
“The Respondent has had plenty of opportunity, both before and during these proceedings, to provide an explanation. They have not seen fit to do so. The Tribunal has no choice but to decide that the charges are not reasonable and so not payable.”
“on its face, the consultancy charges are not reasonably incurred or reasonable in amount and they demand an explanation which has not been provided despite ample opportunity.”
“in the absence of any explanation from the Respondent, despite sufficient opportunity to provide one, the Tribunal has no real choice but to hold that these charges are not reasonable or payable.”
“in the absence of any explanation from the Respondent, despite sufficient opportunity to provide one, the Tribunal has no real choice but to hold that these charges are not reasonable or payable.”
“The fact that he has failed to do so is significant.”
“He is wrong to think that the earlier issue of the county court claim somehow precludes the Tribunal from determining the application made to it, even if the issues do overlap.”
“Such behaviour brings both the perpetrator and the justice system into disrepute.”
“it is difficult to believe that Mr Gurvits genuinely thought that his application stood any remote prospect of success.”
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.