55 Willow Bank, Telford, TF4 3SG BIR/00GF/LIS/2018/0040
DECISION
[27]I therefore determine, under section 27A of the Act, that:a. The Disputed Charges are not payable to Tapestart as they have never sought to claim them;b. The Disputed Charges are not payable to HLM as they have no contractual relationship with the Applicant on which they can base an entitlement to levy service charges, they have not established any other basis upon which they may be entitled to levy invoices, and they are not agents of any entity which would be entitled to levy those charges;[28]Whatever the merits of the arguments concerning the reasonableness or otherwise of the charges claimed in the Disputed Charges invoices, as HLM had no legal basis for claiming the sums charged, they are not payable by the Applicant. This determination therefore finally disposes of all issues in these proceedings. Costs[29]In their written submission, Tapestart have indicated an intention to claim costs from HLM. If it wishes to pursue this application, a submission identifying under which part of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 the application is pursued, setting out the grounds upon which costs are claimed, and identifying the amount of the costs claimed, must be provided to HLM and the tribunal within 28 days of this decision. The tribunal will thereupon issue further directions. Appeal[30]Any appeal against this decision must be made to the Upper Tribunal (Lands Chamber). Prior to making such an appeal the party appealing must apply, in writing, to this Tribunal for permission to appeal within 28 days of the date of issue of this decision (or, if applicable, within 28 days of any decision on a review or application to set aside) identifying the decision to which the appeal relates, stating the grounds on which that party intends to rely in the appeal, and stating the result sought by the party making the application. Judge C Goodall First-tier Tribunal (Property Chamber)