LON/00AW/LSC/2023/0451 & others — service charge decision

“A previous Tribunal decision dated 26 February 2021 includes provision that these sums must not be passed through the service charge. Accordingly, the remaining costs under this heading (Mr Rumun's fees) are not payable.”

“Having considered all of the evidence before us, we are not satisfied on the balance of probabilities the costs of insuring the Property fall outside the reasonable range. Accordingly, we find that they are payable.”

“We are not satisfied on the limited evidence available that these costs fall outside the reasonable range of charges for the work which was carried out.”

“There is a further sum of £57 under this heading which Mr Davidoff could not relate to any specific service charge item. Accordingly, the Tribunal is not satisfied that the sum of £57 under this heading is reasonable or payable.”

“The previous Tribunal did not allow the recovery of these costs by Mr Davidoff and, in a decision dated 18 November 2022 refusing permission to appeal, Judge Nicol stated that Mr Davidoff's claim for costs had 'no basis'.”

“Applying our knowledge and experience as an expert Tribunal, we are satisfied that the approach taken by Mr Mazin was reasonable and appropriate… we are satisfied on the balance of probabilities that these costs are reasonable and payable.”

“There were many documents within the hearing bundles and in unpaginated PDFs submitted prior to the hearing which concerned matters over which this Tribunal has no jurisdiction. Further, a disproportionate amount of documentation and correspondence had been submitted. By way of example, the Case Officer informed the Tribunal that nine emails were sent to her concerning these proceedings after close of business on the Friday before the hearing (which started on a Monday).”

“On being asked whether he was familiar with section 42 of the Landlord and Tenant Act 1987, Mr Ciampi stated that it was something he would "google" if management was returned to the freehold company.”

“Although the 2021 Decision expressly provides at paragraph 52 that the freehold company may not pass any of its costs incurred in instructing Mr Rumun in connection with the proceedings before the Tribunal to the Applicant through the service charge, Mr Rumun's invoices were sent to Mr Davidoff by those acting on behalf of the landlord freehold company to be passed through the service charge.”