JAROWICKI V FREEHOLD MANAGERS (NOMINEE) LIMITED & RE: PROKHOROVA

Facts, the Issue and the FTT Decision:

Both conjoined appeals were decided by written determinations. They were both appeals from determinations of the FTT under the Landlord & Tenant Act 1985, s. 27A. The common factor in each appeal (from decisions made by different Tribunals and concerned with different properties and service charge demands) was that, in each case, the FTT had failed to determine the fundamental question raised by the application before it, namely, what amount was payable by the tenant to the landlord as a service charge. As a result there remained uncertainty at the conclusion of the proceedings over the entitlements and obligations of the parties, with the subject appeals resulting.