Leaseholders can ask the First-tier Tribunal to decide whether a service charge is payable and reasonable. Essex tribunals have decided at least 45 such cases since 2019: in Harlow in 2026 the tribunal cut a managing agent's fee to £240 plus VAT a flat and struck out car park charges for a space the leaseholder could not use, while in other Harlow cases leaseholders paid in full. Ask for the cost summary and invoices first, pay what is not disputed, and apply under section 27A; the fee was £114 to apply in 2025 and 2026.
01What Essex tribunals have decided
Since 2019 the First-tier Tribunal has decided at least 45 service charge cases on Essex buildings. These are the ones from the last two years that say the most.
| Building | What was disputed | What the tribunal decided |
|---|---|---|
| Magnolia House, Harlow CAM/22UJ/LSC/2025/0638, 2026 | Management fees, car park, window cleaning, lifts | Management fee cut to £240 plus VAT a flat. Nothing payable for the car park (no fob, space occupied). Window cleaning halved. |
| Stopes House, Colchester CAM/22UG/LSC/2025/0660, 2025 | Lift replacement, £13,691.91 demanded from each flat | Not payable. The landlord produced no contract, invoices or demands and ignored the tribunal's directions. |
| 21 to 25 Eaglegate, Colchester CAM/22UG/LSC/2024/0011, 2025 | Fire safety, handrails, a risk assessment, a “repair fund” | Insurance and the management fee payable. Handrails never fitted, a risk assessment for another part of the building, and the repair fund: not payable. |
| 64 The Broadway, Thorpe Bay CAM/00KF/LSC/2025/0669, 2026 | A £53,022.88 roof replacement on a converted convent | The roof was payable, after allowing for what the reserve fund had already covered, and the landlord had to refund the leaseholders' £341 tribunal fees. |
| Hawkley House, Billericay CAM/22UB/LSC/2025/0727, 2026 | Arrears and admin charges claimed from a former owner | The landlord was barred for not complying, and nothing was found payable. |
| Ackroyd House, Harlow CAM/22UJ/LSC/2025/0655, 2026 | Three years of service charges and late-payment charges | Every service charge payable in full. The late-payment charges had already been waived. |
| Amberry Court, Harlow CAM/22UJ/LSC/2023/0055, 2025 | Major works, audited accounts, a year's charges | No refunds. The leaseholders lost and got no order on costs. |
| Riverfront, Canvey Island CAM/22UE/LSC/2023/0075, 2025 | Communication, who the agent was, proof of a trust account | Struck out. These were complaints, not service charge questions; the redress scheme had already made an award. |
From decisions of the First-tier Tribunal (Property Chamber), Eastern region, published on GOV.UK. Search a case reference there to read the decision in full.
02What the cases show
- The tribunal will set its own figure for a management fee. At Magnolia House in Harlow, a large development with lifts and building safety duties, it did not criticise the agent's work but still held the fee too high, and allowed £240 plus VAT a flat for all three years.
- You do not pay for a service you did not get, and you pay less for a poor one. The Magnolia House leaseholder had no fob and someone else in his space, so nothing was payable for the car park; the window cleaning was halved on his neighbours' evidence.
- Consultation matters. In an earlier Eaglegate decision the tribunal capped fire safety works at £250 a flat because the section 20 consultation had not been done.
- Landlords who ignore the tribunal lose. At Stopes House and Hawkley House the landlord missed directions and was barred, and the charges fell away.
- A charge has to belong to your part of the building. At Eaglegate a risk assessment for the inside of the neighbouring Stopes House could not be charged to the flats, which pay only for the shared outside areas.
- Late-payment charges for chasing are often struck off, even where the service charge itself is payable.
03Leaseholders lose too
Ackroyd House in Harlow paid every charge in full, and Amberry Court got no refund and no order on costs. At Riverfront on Canvey Island the case was struck out altogether: slow replies, confusion over who the agent was and worries about the trust account are complaints, and they belong with the agent's redress scheme, which had already made an award there. The tribunal decides one thing, whether a charge is payable and reasonable, so build the case around the charges.
04Bringing a challenge
- Ask first, in writing. Request a summary of the costs for the year; it must come within a month, or six months after the year end if later. Then ask to see the invoices behind it.
- Pay what you do not dispute and say in writing which items you dispute and why. Withholding everything turns a dispute into arrears.
- Apply to the tribunal under section 27A of the Landlord and Tenant Act 1985. In the 2025 and 2026 Essex cases the application fee was £114, and the leaseholders at Thorpe Bay, whose case went to a hearing, had £341 of fees refunded by the landlord.
- Ask for a section 20C order so the landlord cannot put its legal costs through the service charge. Tribunals often grant it in full or in part.
05What we have learnt managing blocks
Most disputes start with paperwork, not money. On one handover the budget used a different share for a flat than its lease did, 12% against 18%; it was caught before a single demand went out, and we now read every lease before billing. On another building a tribunal application settled without a hearing once every figure and invoice was laid out in one place. That is the job: demands the lease supports, accounts that arrive on time, invoices a director can see, and a fee nobody has to argue about.
06Questions
Can I challenge my service charge?
Yes. You can apply to the First-tier Tribunal under section 27A of the Landlord and Tenant Act 1985 to decide whether a charge is payable and reasonable. Ask the landlord or agent for a summary of the costs and the invoices first; many disputes end there.
Can I refuse to pay my service charge?
It is risky. Withholding everything turns a dispute into arrears and late-payment charges. Pay what you do not dispute, say in writing which items you dispute and why, and let the tribunal decide the rest.
How much does it cost to take a service charge dispute to tribunal?
In Essex cases decided in 2025 and 2026 the application fee was £114. At Thorpe Bay, where the case went to a hearing, the tribunal ordered the landlord to refund the leaseholders' £341 of fees.
What is a reasonable managing agent fee per flat?
The tribunal decides case by case. In a 2026 Harlow case it allowed £240 plus VAT a flat for a large development with lifts and building safety duties, after finding the fee charged too high.
Can I be charged for a service I do not receive?
Generally not. In the same Harlow case the leaseholder paid nothing towards the car park because he had no fob and his space was occupied, and the window cleaning was halved because it was poorly done.
What can the tribunal not deal with?
Complaints about communication, delay or service that are not about whether a charge is payable. At Riverfront on Canvey Island such a case was struck out; those complaints go to the agent's redress scheme.
What is a section 20C order?
An order stopping the landlord putting its costs of the tribunal case through the service charge. Leaseholders ask for it in the application, and tribunals often grant it in full or in part.
07Guides for directors
- Service charge estimate
- RICS regulated block managers in Essex
- The reserve fund
- Service charge arrears
- Service charge accounts
- Directors' duties in an RMC
- How to choose a managing agent
- A free service charge check
- Service charges explained
- Buildings insurance for blocks
- Fire safety in blocks of flats
- The Directors' Library
- What is block management?
- How to change managing agent
- Residents' management companies
- Right to manage
- Block management fees
- Section 20 major works
- New-build estate fees
- Estate management in Essex

