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Tenants can dispute service charges by applying to the First-tier Tribunal (FTT). Recently, tenants of two flats successfully argued that roof repair costs demanded by their landlord were not reasonably incurred.
The flats, in neighbouring buildings owned by the same landlord, were subject to service charges for external repairs, including roofing. The tenants challenged these charges under Section 27A of the Landlord and Tenant Act 1985, citing prior extensive repairs in 2012. They argued that the landlord’s failure to secure a proper warranty and enforce its terms led to unnecessary additional repairs. One tenant also claimed that damage resulted from other tenants misusing the roof as a sun terrace.
The FTT ruled in favour of the tenants, stating the costs were unreasonable due to the landlord’s failure to maintain a valid warranty and prevent unauthorised roof access. As a result, the landlord was ordered to reimburse the tenants' application fees and was prohibited from passing on his own legal costs as service or administration charges.