Tenant Ordered to Pay £11,370.75 in Service Charges

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BE/LSC/2024/0171 Property : 10 [NAME], London [POSTCODE] Applicant : [redacted] Representative : [COUNSEL] of [NAME] Respondent : [redacted] : N/A Type of [NAME] : For the determination of the liability to pay service charges under section 27A of the Landlord and Tenant Act 1985 Tribunal members : Judge Sarah McKeown Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 18 June 2025

DECISION

2 Decisions of the tribunal (1) The tribunal determines that the sum of £11,370.75 is payable by the Respondent in respect of the service charges for the years 2018-2024 (2) The tribunal makes the determinations as set out under the various headings in this Decision (3) The tribunal does not make an order under section 20C of the Landlord and Tenant Act 1985 (4) The tribunal determines that the Respondent shall pay the Applicant £310 within 28 days of this Decision, in respect of the reimbursement of the tribunal fees paid by the Applicant The [NAME]

1. The Applicant seeks a determination pursuant to s.27A of the Landlord and Tenant Act 1985 (“the 1985 Act”) and Sch. 11 to the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”) as to the amount of service charges payable by the Respondent in respect of the service charge years 2018-2024 in the sum of £11,370.75.

2. Copies of the service charge demands were provided with the [NAME]. The Applicant also provided an Accountant’s Report of Factual Findings to the Landlord of [NAME] for the year ending 31 July 2023, year ending 31 July 2022, year ending 31 July 2021, year ending 31 July 2020, year ending 31 July 2019. A Statement of Account was also provided.

The background 3. The property which is the subject of this [NAME] is a flat in a block.

4. Neither party requested an inspection and the tribunal did not consider that one was necessary, nor would it have been proportionate to the issues in dispute.

5. The Respondent holds a long lease of the property which requires the landlord to provide services and the tenant to contribute towards their costs by way of a variable service charge. The Applicant has provided a copy of an Underlease between [APPELLANT] and [NAME], in respect of the Property. It is dated 10 February 1960. By clause 2(o) [NAME] covenanted to pay [NAME] a one eleventh part of all moneys from time to time expended or contracted to be expended

3 by [NAME] in complying with the covenant on the part of [NAME] next hereinafter contained within twenty-eight days of the demand therefor by [NAME] at such intervals as [NAME] shall consider expedient and any sum under this sub-clause if not so paid shall be forthwith recoverable by action and carry interest at seven pounds per centum per annum until payment and any demand served on [NAME] by [NAME] pursuant to the provisions of this sub-clause shall unless and until some error therein is discovered or proved be sufficient evidence that the sum thereby demanded is due to [NAME] but [NAME] will at the request of [NAME] furnish such reasonable information respecting such expenditure as may be required to verify the amount thereof. The lessor’s covenants are set out at clause 3. They include: (a) A repairing covenant – cl. 3(i); (b) A garden maintenance covenant – cl. 3(ii); (c) A covenant concerning internal common parts including lighting – cl. 3(iii); (d) An insurance covenant – cl. 3(iv); (e) An internal decoration covenant – cl. 3(v).

6. By clause 4 [NAME] covenanted to pay the rent reserved by the superior landlord.

7. By email dated 6 November 2024, the Applicant confirmed that the service charge covers day to day running of the block, i.e. bin hire, emergency lighting, cleaning, repairs, accountant’s fees, ground rent to the freeholders, HNF management fees. The Applicant provided a copy of the head lease which is dated 11 August 1965 between the [NAME] and [COMPANY]. They also provided the Office Copy Entry confirming the Applicant had title absolute.

8. By order of 26 November 2024 the Tribunal gave directions. There had been a hearing on 26 September 2024 at which the Applicant attended. The Tribunal was told that the Respondent had not engaged with the Applicant for some three years and she did not attend at that hearing. The Tribunal ordered that unless she, by 4pm on 20 December 2024, served on the Tribunal and the Applicant a detailed statement of the matters she disputed, she should be debarred from taking further part in the proceedings and it would be declared that the Respondent owed the Applicant £11,370.75 in respect of service charge years 2018-2024.

9. The Tribunal issued an order dated 27 May 2025 stating that the Respondent was barred from further participation in the proceedings and that the Tribunal would go on to summarily determine all matters against her. The order provided that the Respondent may apply to lift the bar, but no such [NAME] has been made.

4 10. Having considered all of the documents provided, the tribunal has made determinations on the various issues as follows.

The tribunal’s decision 11. The tribunal determines that the amount payable in respect of £11,370.75 is payable by the Respondent in respect of the service charges for the years 2018-2024: (a) 01/02/18-31/07/18 - £303.50 - being half payment towards 9.0909% of: (i) accountant - £637; (ii) bin hire - £393.14; (iii) cleaning contract - £2,795.90; (iv) electricity - £521.54; (v) fire risk assessments - £222; (vi) gardening maintenance - £1,402.49; (vii) general maintenance - £6,268.20; (viii) ground rent contribution - £600; (ix) management fees - £2,442; (x) miscellaneous - £30.60; (xi) credit for bank interest – minus £32.09; (xii) [NAME] - £333.76; (xiii) [NAME] - £1,508.58; (xiv) sinking fund contribution - £2,163.92. (b) 01/08/18-31/01/19 - £903.51 - being half payment towards 9.0909% of: (i) accountant - £637; (ii) bin hire - £520.18; (iii) cleaning contract - £3,015.80; (iv) electricity - £653.04; (v) gardening maintenance - £1,793.87; (vi) general maintenance - £1,438.06; (vii) rubbish removal - £110; (viii) ground rent contribution - £600; (ix) management fees - £2,442; (x) miscellaneous - £30.60; (xi) credit for bank interest – minus £55.74; (xii) [NAME] - £350.56; (xiii) [NAME] - £1,467.74; (xiv) sinking fund contribution - £6,904.70. (c) 01/02/19-31/07/19 - £903.51 -being the other half contribution as set out above;

5 (d) 01/08/19-31/01/20 - £903.51 - being half payment towards 9.0909% of: (i) accountant - £619; (ii) bin hire - £406.85; (iii) cleaning contract - £3,139.22; (iv) electricity - £733.50; (v) fire risk assessments - £270; (vi) emergency lighting maintenance – minus £159; (vii) gardening maintenance - £2,206.52; (viii) general maintenance - £970; (viii) rubbish removal - £135; (ix) ground rent contribution - £600; (x) management fees - £2,686.20; (xi) credit for bank interest – minus £58.69; (xii) [NAME] - £368.09; (xiii) [NAME] - £1,456.49; (xiv) sinking fund contribution - £6,186.07. (e) 01/02/20-31/07/20 - £903.51 – being the other half contribution as set out above; (f) 01/08/20-31/01/21 - £903.51 - being half payment towards 9.0909% of: (i) accountant - £643; (ii) bin hire - £406.85; (iii) cleaning contract - £3,194.88; (iv) electricity - £710.65; (v) emergency lighting maintenance – minus £865; (vi) gardening maintenance - £1,485.30; (vii) general maintenance - £1,104; (viii) site inspections - £210; (viii) ground rent contribution - £600; (ix) management fees - £2,970; (x) credit for bank interest – minus £9.93; (xii) [NAME] - £579.40; (xiii) [NAME] - £1,319.17; (xiv) sinking fund contribution - £5,798.98. (g) 01/02/21-31/07/21 - £903.51 – being the other half contribution as above; (h) 01/08/21-31/01/22 - £954.46 - being half payment towards 9.0909% of: (i) accountant - £691; (ii) bin hire - £411.84; (iii) cleaning contract - £3,846.49; (iv) electricity - £1,263.03; (v) emergency lighting maintenance – minus £39.10;

6 (vi) gardening maintenance - £1,907.50; (vii) general maintenance - £1,303; (viii) ground rent contribution - £600; (ix) management fees - £2,970; (x) miscellaneous - £30.60; (xi) credit for bank interest – minus £4.91; (xii) [NAME] - £295.49; (xiii) [NAME] - £1,836.82; (xiv) sinking fund contribution - £5,000. (i) 01/02/22-31/07/22 - £954.46 – being the other half of the contribution as above; (j) 01/08/22-31/01/23 - £873.89 - being half payment towards 9.0909% of: (i) accountant - £894; (ii) bin hire - £257.19; (iii) cleaning contract - £3,388.17; (iv) electricity - £1,737.72; (v) fire risk assessments - £274.80; (vi) emergency lighting maintenance - £941.76; (vii) gardening maintenance - £1,944 (viii) general maintenance - £3,133.45; (ix) ground rent contribution - £600; (x) management fees - £2,970; (xi) miscellaneous - £1,412; (xii) credit for bank interest – minus £105.56; (xiii) [NAME] - £294.75; (xiv) [NAME] - £2,746.11; (xv) sinking fund contribution - £509.25. (k) 01/02/23-31/07/23 - £954.46 – being the other half contribution as above; (l) 01/08/23-31/01/24 - £954.46 being half payment towards 9.0909% of: (i) accountant - £400; (ii) bin hire - £300; (iii) cleaning contract - £3,072; (iv) electricity - £600; (v) emergency lighting maintenance - £636; (vi) gardening maintenance - £2,000; (vii) general maintenance - £2,270; (vii) site inspection - £420; (viii) flat door survey - £300; (ix) ground rent contribution - £600; (x) management fees - £3,300; (xi) [NAME] - £2,100; (xii) sinking fund contribution - £5,000. (m) 01/02/24-31/07/24 - £954.46.

7

Reasons for the tribunal’s decision 12. The Respondent has not challenged any of the service charges and has been debarred from participation in the proceedings. The order of 26 November 2024 stated that if the Respondent did not comply, she should be debarred from taking further part in the proceedings and it would be declared that the Respondent owed the Applicant £11,370.75 in respect of service charge years 2018-2024.

13. The Tribunal has seen the service charge demands and the various Accountant’s Report of Factual Findings to the Landlord of [NAME]. The Tribunal is satisfied that the charges: (a) are due and owing under the terms of the lease; and (b) are reasonable.

[NAME] under s.20C and refund of fees 14. Taking into account the determinations above, the tribunal orders the Respondent to refund £310 being the fees paid by the Applicant within 28 days of the date of this decision. 15. In the [NAME] form, the Applicant did not apply for an order under section 20C of the 1985 Act. Name: Judge Sarah McKeown Date: 18 June 2025

Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such

8 reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).