LON/00BF/LSC/2022/0237 — service charge decision
In LON/00BF/LSC/2022/0237, decided 11 April 2023, the First-tier Tribunal considered 16 disputed service charge items at Flats 1-6, 46 St James Road, Sutton, Surrey SM1 2TN and reached a mixed result: 15 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flats 1-6, 46 St James Road, Sutton, Surrey SM1 2TN
Decision date: 11 April 2023
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 |
|---|---|---|---|---|
| Buildings insurance (2020-21) | £3,830 | £2,480.72 | Reduced | Costs unreasonably incurred (s19(1)(a)), Landlord could not evidence the cost |
| Cleaning (2020-21) | £4,761.80 | £2,380.90 | Reduced | Standard not reasonable (s19(1)(b)), Landlord could not evidence the cost |
| Cleaning (2020-21) | £624 | £312 | Reduced | Standard not reasonable (s19(1)(b)), Landlord could not evidence the cost |
| Other charges (2020-21) | £620.40 | £0 | Disallowed entirely | Standard not reasonable (s19(1)(b)), Works not necessary |
| Other charges (2020-21) | £4,989.98 | £0 | Disallowed entirely | Standard not reasonable (s19(1)(b)), Works not necessary |
| Repairs & maintenance (2020-21) | £3,555.43 | £2,844.34 | Reduced | Standard not reasonable (s19(1)(b)) |
| Repairs & maintenance (2020-21) | £150 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2020-21) | £629.66 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2020-21) | £6,350.76 | £5,490 | Reduced | Landlord could not evidence the cost |
| Other charges (2020-21) | £432 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Repairs & maintenance (2020-21) | £396 | £396 | Allowed in full | — |
| Buildings insurance (2020-21) | £250 | £0 | Disallowed entirely | Landlord could not evidence the cost |
| Administration charges (2020-21) | £720 | £0 | Disallowed entirely | Not payable under the lease |
| Legal & professional costs (2020-21) | £480 | £240 | Reduced | Fee excessive for service delivered, Landlord could not evidence the cost |
| Other charges (2020-21) | £72 | £0 | Disallowed entirely | Not payable under the lease, Landlord could not evidence the cost |
| Management fees (2020-21) | £2,067 | £1,033.50 | Reduced | Fee excessive for service delivered |
Section 20C order: granted.
Key passages (verbatim)
“the evidence available to the Tribunal indicates that the cover was unnecessarily high and the difference in premiums is both large and significant.”
“the cleaning and gardening charges should be reduced by 50%”
“The Tribunal is again satisfied that the cost of window cleaning should be reduced by 50%.”
“the fire alarm system and the frequency of the inspection and maintenance are substantially over-specified for a building of this size”
“the fire alarm system and the frequency of the inspection and maintenance are substantially over-specified for a building of this size”
“the works appear to be over-specified. The lights appear to be suitable for a much larger building.”
“On 18th January 2023 Mr Gurvits purported to email the Tribunal a copy of the Applicant's Scott Schedule of service charges with the column for the Respondent's comments completed. He did not provide an explanation for producing it so late and without any other documents. In the circumstances, it would be unfair on the Applicants to take it into account and so the Tribunal did not do so.”
“At the hearing of the aforementioned previous case, the Respondent was represented by counsel but Mr Gurvits has provided no explanation why the same couldn't have been done this time.”
“The Applicants complained that they had not been refunded the sums found not to be payable by the previous Tribunal. If that is correct, it is not acceptable and would not reflect well on the Respondent.”
“the Tribunal expects parties before it, particularly those who regularly seek to use the Tribunal for their own benefit, to meet their liabilities in accordance with the Tribunal's decisions.”
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.