Flat 1, Thistle Court, Churchill Close, Dartford, Kent DA1 1QJ CHI/29UD/OC9/2018/0015
DECISION
[1]On 17 August 2016 the Respondent tenant gave notice under section 42 of the 1993 Act for a new lease.[2]On 31 August 2018 the Applicant informed this Tribunal that the terms for a new lease had been agreed but that the Respondent had failed to complete with the result that the claim was deemed withdrawn. The Applicant supplied the Respondent with details of its costs incurred on investigating the claim.[3]The Applicant received no response from the Respondent in respect of its costs. The Applicant now seeks a determination from the Tribunal on its recoverable statutory costs under section 60 of the 1993 Act.[4]The Tribunal issued directions to progress the application. The Tribunal directed the application to be determined on the papers and required the Respondent to submit its points of dispute to the Applicant’s claim of costs by 6 November 2018.[5]The Respondent did not submit points of dispute. Decision[6]The Applicant claimed legal fees of £1,971.50 plus £394.30 VAT and disbursements of £6.00 making a total of £2,371.80.[7]The Applicant substantiated its claim by providing a schedule of the statutory legal costs.[8]The Respondent did not submit points of dispute in accordance with the directions.[9]Under section 60 of the 1993 Act the tenant is liable to pay the landlord’s reasonable costs of and incidental to the investigation of the tenant’s right to a new lease; any valuation of the tenant’s flat for the purpose of fixing the premium; and the grant of a new lease. Where the tenant’s claim for a new lease is deemed withdrawn the tenant is liable for the landlord’s reasonable costs to the date of the withdrawal.[10]The Tribunal has examined the evidence and is satisfied that the costs claimed by the Applicant fell within section 60 except those items commented on it the attached schedule. In consequence, the claim is reduced by £ 110.00 and £ 22.00 VAT.[11]The Tribunal determines that the Respondent is liable to pay the Applicant’s reasonable costs of £1,861.50 plus £372.30VAT and disbursements of £6.00 making a total of £2,239.80.[12]The Applicant paid an application fee of £100 on making its application to the Tribunal for an assessment of its costs. I Order that the Respondent reimburses the Applicant that fee by a payment to be made within 28 days from the date of this Order. Judge Cohen 12 March 2019 RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.