LON/00BF/LSC/2021/0243 — service charge decision
In LON/00BF/LSC/2021/0243, decided 4 November 2022, the First-tier Tribunal considered 38 disputed service charge items at Flats 1-6, 46 St James Road, Sutton, Surrey and reached a mixed result: 12 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1-6, 46 St James Road, Sutton, Surrey
Decision date: 4 November 2022
Full decision: Read on GOV.UK
Managing agent named in the decision: Eagestates.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Buildings insurance (2018-2019) | £1,762.22 | £1,762.22 | Allowed in full | — |
| Buildings insurance (2019-2020) | £4,177.76 | £2,500 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Buildings insurance (2020-2021) | — | £2,500 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Repairs & maintenance (2019-2020) | — | £402 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2018-2019) | £928.20 | £928.20 | Allowed in full | — |
| Cleaning (2019-2020) | £1,448.40 | £1,000 | Reduced | Costs unreasonably incurred (s19(1)(a)), Standard not reasonable (s19(1)(b)) |
| Cleaning (2020-2021) | — | £1,200 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Gardening & grounds (2018-2019) | £720 | £720 | Allowed in full | — |
| Gardening & grounds (2019-2020) | £1,152 | £900 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Gardening & grounds (2020-2021) | — | £1,000 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018-2019) | £312 | £312 | Allowed in full | — |
| Other charges (2019-2020) | £780 | £400 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Other charges (2020-2021) | £800 | £500 | Reduced | Costs unreasonably incurred (s19(1)(a)) |
| Other charges (2018-2019) | £426 | £426 | Allowed in full | — |
| Other charges (2019-2020) | £390 | £0 | Disallowed entirely | Works not necessary |
| Other charges (2020-2021) | £400 | £400 | Allowed in full | — |
| Repairs & maintenance (2018-2019) | £930 | £930 | Allowed in full | — |
| Repairs & maintenance (2018-2019) | £432 | £432 | Allowed in full | — |
| Repairs & maintenance (2018-2019) | £642 | £642 | Allowed in full | — |
| Repairs & maintenance (2018-2019) | — | — | Allowed in full | — |
| Repairs & maintenance (2018-2019) | — | — | Allowed in full | — |
| Repairs & maintenance (2018-2019) | — | — | Allowed in full | — |
| Management fees (2018-2019) | £1,872 | £1,872 | Allowed in full | — |
| Management fees (2019-2020) | £1,886.40 | £1,886.40 | Allowed in full | — |
| Management fees (2020-2021) | £1,908 | £1,908 | Allowed in full | — |
| Legal & professional costs (2019-2020) | — | — | Allowed in full | — |
| Buildings insurance (2019-2020) | — | — | Allowed in full | — |
| Repairs & maintenance (2019-2020) | £858 | £858 | Allowed in full | — |
| Repairs & maintenance (2019-2020) | £540 | £540 | Allowed in full | — |
| Repairs & maintenance (2019-2020) | £900 | £900 | Allowed in full | — |
| Legal & professional costs (2019-2020) | £690 | £690 | Allowed in full | — |
| Other charges (2019-2020) | £390 | £0 | Disallowed entirely | Works not necessary, Duplication of charges |
| Repairs & maintenance (2019-2020) | £942 | £942 | Allowed in full | — |
| Repairs & maintenance (2019-2020) | — | — | Allowed in full | — |
| Other charges (2019-2020) | £258 | £258 | Allowed in full | — |
| Other charges (2020-2021) | — | — | Allowed in full | — |
| Cleaning (2020-2021) | — | — | Disallowed entirely | Duplication of charges, Works not necessary |
| Reserve fund contributions (2020-2021) | — | — | Allowed in full | — |
Section 20C order: granted.
Key passages (verbatim)
“the insurance costs and brokers fee of £1762.22 is reasonable and payable.”
“the insurance for 2019-2020 this had increased to £4177.76 which is a substantial increase... the Tribunal intends to give them the benefit of the doubt on this issue and allow the sum of £2500”
“Similarly in relation to the estimates for 2020-2021 these appear too high and the Tribunal allows £2500 instead.”
“The tribunal disallows all of the drain costs over the three years save for £402 pounds which related to the initial clearance of the tree roots.”
“The cleaning cost in 2018-2019 was £928.20. This appears reasonable to the Tribunal and this sum is allowed.”
“In 2019-2020 the cost had increased fairly substantially to £1448.40... the Tribunal will allow £1000.”
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.