Tenant Successfully Challenges Unreasonable Service Charges
📌 In brief
In this case, a tenant challenged several service charges imposed by the landlord. The First-tier Tribunal reviewed these charges and decided which were reasonable and payable under the terms of the tenancy agreement. Some charges were allowed, while others were disallowed due to insufficient evidence or being outside the landlord's responsibility.
⚖️ Legal holding
A tenant is entitled to challenge service charges that are not reasonably incurred or payable under the terms of the lease agreement.
📖 Technical summary
The tribunal reviewed various charges levied by the landlord and determined their validity under the terms of the tenancy agreement.
📜 Headnote Official document
The First-tier Tribunal reviewed various service charges levied by the landlord and ruled on their validity under the terms of the tenancy agreement. The tribunal allowed certain charges while disallowing others based on the reasonableness and legality of each charge.
📚 Full judgment Official document
OUTCOME: Allowed in Part
LON/00AN/LSC/2024/0210 22 April 2025 190-[ADDRESS]’s Bush London [POSTCODE] Simplified Scott Schedule Prepared by the Tribunal 2022/2023 12 May 2022- 11 May 2023 Bundle Page Invoice Description Amount Claimed Amount Allowed Tribunal Decision 138 04/08/2023 accountancy for Y/E 11 May 2023 350.00 £ 350.00 £ Not disputed. 139 29/02/2024 management fee retrospective 24 months to 01/06/2022 1,440.00 £ 1,440.00 £ Reasonably incurred and payable (annualised sum) 140 04/08/2022 emergency light test 115.02 £ 115.02 £ Reasonably incurred and payable 141 06/07/2022 fire alarm test 311.22 £ 311.22 £ Reasonably incurred and payable 142 21/11/2022 LED emergency light staircase 351.00 £ 351.00 £ Reasonably incurred and payable, Date shown is payment date. 143 03/11/2022 emergency light test 132.28 £ 132.28 £ Reasonably incurred and payable 144 02/03/2022 emergency light test 132.28 £ 132.28 £ Reasonably incurred and payable 145 10/04/2023 [NAME] 1,230.00 £ 1,230.00 £ Invoice makes clear that this relates to roof works and guttering and downpipe. Part of structure so landlord responsible. Falls within service charge. Therefore reasonably incurred and payable. 146 23/05/2022 Electricity 12.45 £ 12.45 £ Not disputed. 147 26/06/2022 Electricity 12.83 £ 12.83 £ Not disputed. 148 01/12/2022 [NAME] loss of power creams 410.40 £ - £ Electrical work to the ground floor shop caused by water damage. Insufficient information on invoice as to the cause of the water damage to demonstrate that it falls within landlords responsibility. Furthermore, interior damage within the shop caused by landlord disrepair falls outside the service charge and is a separate matter between the landlord and tenant. Cost disallowed as a service charge item. 149 30/05/2022 Fire Alarm Test 311.22 £ 311.22 £ Reasonably incurred and payable 150 04/08/2022 emergency light test 115.02 £ 115.02 £ Reasonably incurred and payable 151 11/07/2022 6 monthly fire alarm emergency lighting & AOV maintenance 285.00 £ 285.00 £ Reasonably incurred and payable 152 28/04/2023 Fire Alarm Test 298.25 £ 298.25 £ Reasonably incurred and payable 153 06/10/2022 Fire Alarm Test 311.22 £ 311.22 £ Reasonably incurred and payable cleaning (no invoices) 2,243.00 £ 2,243.00 £ Reasonably incurred and payable Total 8,061.19 £ 7,650.79 £
2023/2024 12 May 2023- 11 May 2024 113 30/07/2024 [COMPANY] preparation accounts Y/E 11/05/2 350.00 £ - £ Outside the year in question 114 15/03/2024 fire alarm panel battery 30.00 £ 30.00 £ Reasonably incurred and payable 115 22/12/2023 6 monthly fire alarm emergency lighting & AOV maintenance 356.10 £ 356.10 £ Reasonably incurred and payable 116 07/11/2023 fire alarm test 357.90 £ 357.90 £ Reasonably incurred and payable 117 05/12/2023 Emergency light test 132.26 £ 132.26 £ Reasonably incurred and payable 118 06/07/2023 Fire Alarm test 357.90 £ 357.90 £ Reasonably incurred and payable 119 04/08/2023 Emergency light test 132.28 £ 132.28 £ Reasonably incurred and payable 120 21/12/2023 Emergency light test 133.28 £ 133.28 £ Reasonably incurred and payable 121 17/05/2023 LED emergency light staircase 211.20 £ 211.20 £ Reasonably incurred and payable 122 03/05/2023 6 monthly fire alarm emergency lighting & AOV maintenance 285.00 £ 285.00 £ Reasonably incurred and payable 123 05/03/2024 Emergency light test 141.52 £ 141.52 £ Reasonably incurred and payable 124 07/02/2024 Fire Alarm test 382.93 £ 382.93 £ Reasonably incurred and payable 125 29/02/2024 Management fee 1,440.00 £ 1,440.00 £ Reasonably incurred and payable 126 04/08/2023 Accountants fee [NAME] 350.00 £ 350.00 £ Not disputed 127 29/06/2023 Annual drainage maintenance contract 198.00 £ 198.00 £ Reasonably incurred and payable 128 30/06/2023 communal EICR check. 228.00 £ 228.00 £ Reasonably incurred and payable 129 19/07/2023 drainage contract ground drains 510.00 £ 510.00 £ Reasonably incurred and payable 130 31/03/2023 [NAME] replace 4 light fittings in Creams water damage and 3 light fittings in basement storage. 705.60 £ - £ Electrical work to the ground floor shop caused by water damage. Insufficient information on invoice as to the cause of the water damage to demonstrate that it falls within landlords responsibility. Furthermore, interior damage within the shop caused by landlord disrepair falls outside the service charge and is a separate matter between the landlord and tenant. Cost disallowed. 131 26/09/2023 Electricity 12.84 £ 12.84 £ Not disputed. 132 17/02/2024 Electricity 16.61 £ 16.61 £ Not disputed. 133 18/03/2024 Electricity 12.01 £ 12.01 £ Not disputed. 134 30/06/2023 Electricity 12.58 £ 12.58 £ Not disputed. 135 17/04/2023 Electricity 13.07 £ 13.07 £ Not disputed. 136 15/12/2023 Carpet shampoo 336.00 £ 336.00 £ Reasonably incurred and payable 137 04/07/2024 Carpet shampoo 336.00 £ - £ Outside scope of application in year 2024/5 cleaning (no invoices) 2,222.00 £ 2,222.00 £ Total 9,263.08 £ 7,871.48 £
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Rules on Service Charges and Management Fees
- First-tier Tribunal (Property Chamber) Tribunal rules on major works service charges: Most payable, but not all
- First-tier Tribunal (Property Chamber) Tenant Successfully Challenges Certain Service Charges
- First-tier Tribunal (Property Chamber) First-tier Tribunal Decides Service Charge Reasonableness
- First-tier Tribunal (Property Chamber) Tenant Successfully Challenges Service Charges for Major Works and Roof Rep…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Service Charge Validity
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Validity of Service Charge Notices
- First-tier Tribunal (Property Chamber) Service Charges Review: Determining Reasonableness
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Reasonableness of Service Charges
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The service charges must be reasonably incurred.
- The charges must comply with the lease agreement.
- Services provided must be of a reasonable standard.
- Service charges must not be excessive or unauthorized.
- Charges must adhere to relevant statutory requirements.
❌ Tends to be rejected
- If the costs are not reasonably incurred or disproportionately high, the challenge may be dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal reviewed various service charges and determined which were reasonable and payable under the terms of the tenancy agreement.
Who was involved?
The case involved a tenant challenging service charges imposed by the landlord.
How did the court decide, and why?
The court decided based on the reasonableness and legality of each charge, ensuring they fell within the landlord's responsibilities under the lease agreement.
Which laws or rules were applied?
No specific laws or rules were mentioned in the provided excerpt.
What was the argument that mattered most?
The argument centered around whether the charges were reasonably incurred and payable under the terms of the lease agreement.
Was the decision for or against the person who brought the case?
The decision was partly in favour of the tenant, allowing some charges and disallowing others.
What does this mean for someone in a similar situation?
Someone in a similar situation should review their lease agreement and gather evidence to support their claims regarding the reasonableness of service charges.
What evidence or documents mattered?
Evidence such as invoices and descriptions of services were crucial in determining the validity of the charges.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for cases involving complex lease agreements and service charges.