A group of six leaseholders at Restoration Apartments in Bromley have been awarded a refund of nearly £4,000 after challenging their landlord over disputed service charges related to window and gutter cleaning and other maintenance costs. The residents, who took over management of their building through the Right to Manage (RTM) process earlier this year, had initially sought repayment of almost £16,000 but succeeded in reclaiming £3,884 plus a pro rata refund for costs incurred after assuming control.
The dispute arose over service charges imposed by the freeholder via managing agents Eagerstates during the financial years 2024/25 and 2025/26. The leaseholders contended that various fees were unjustified, particularly window cleaning, which they had expressly declined under the new management arrangement. A residential property tribunal agreed, ruling that more than £1,000 charged for window cleaning was an "unnecessary and unwelcome expense" since the leaseholders had informed the agents that window maintenance was now their responsibility.
Similarly, the tribunal disallowed combined costs of £2,850 for gutter cleaning, drain servicing, fire safety services, and a repair fund, finding no urgent need for such work immediately preceding the RTM takeover. Other charges, however, were upheld. Fees for surveyors preparing a maintenance schedule (£1,500) and an insurance reinstatement cost assessment (£2,100) were deemed reasonable, reflecting prudent expenditure by a newly established freeholder. Management fees were partly allowed but subject to pro rata refunds corresponding to the RTM transitional period.
Insurance costs presented another area of contention. The tribunal acknowledged the insurance premiums paid for the building were reasonable but ordered refunds for periods after the leaseholders assumed management, as they had secured their own insurance cover from March 2025 onward. Accountancy and management fees for the 2025/26 year were also prorated.
Leaseholders frequently face challenges over opaque and sometimes excessive service charges, which can make homeownership unaffordable and contribute to wider housing market issues. Government efforts to enhance leaseholder protections have included the Leasehold and Freehold Reform Act 2024, which requires service charges to be presented with standardized, transparent documentation to facilitate contesting unreasonable bills.
The Bromley case highlights practical issues for leaseholders regarding building maintenance responsibilities, which, according to official guidance, generally place structural and exterior upkeep, including gutters and window frames, under the landlord’s remit until management rights change hands. This reinforces the importance of clear communication and understanding of duties during and after RTM transitions.
Adding to the context, Bromley Trading Standards has recently warned residents about uninvited roof and gutter cleaning services, cautioning against unnecessary or overpriced work by unscrupulous traders, underscoring the need for vigilance around building maintenance costs.
Furthermore, broader legal protections have been reinforced in cases involving building safety. A recent Upper Tribunal ruling confirmed that leaseholders are not liable for costs related to unsafe cladding remediation under the Building Safety Act 2022, illustrating the evolving landscape of leaseholder rights and landlord responsibilities.
In sum, the Bromley tribunal’s decision represents a partial but significant victory for leaseholders asserting their management rights and contesting unwarranted service charges. It also reflects ongoing efforts to balance responsibilities and costs fairly between landlords and leaseholders in the evolving framework of leasehold property management.
📌 Reference Map:
- [1], [6] (MyLondon) - Paragraphs 1, 2, 3, 4, 5, 8, 9, 10
- [2] (Gov.uk) - Paragraphs 3, 4, 5, 7
- [3] (Bromley Council) - Paragraph 8
- [4] (ICLG) - Paragraph 9
- [5] (Royal Greenwich Leaseholder Handbook) - Paragraph 8
Source: Noah Wire Services