166 Washington Road, Worcester Park, KT4 8JJ LON/00BF/OC9/2021/0024
DECISION
[10]The Tribunal will use the Scott schedules from page 50 onwards of the bundle. Mercifully some of the costs are agreed. In relation to the items in dispute the tribunal makes the following determinations: Invoice 4347 11.Item 6-it is agreed that this sum is excessive and the amount allowed is £300 12.Item 7-the sum is reasonable and allowed at £125 13.Item 8-the sum is reasonable and allowed at £125 14, Item 9-this sum of £475 is patently excessive for the work involved which is stated to be reviewing a grant of probate and the validity of notice with a phone call to the client to obtain further details and finalising the section 45 counter notice. The tribunal awards £300[15]Item 10-the Applicant argues that this sum does not fall within section 60 (1) (c) of the Act as the landlord had not provided a draft lease at that stage. This is misguided. It is clear that the Respondent was telephoning her solicitor to discuss the lease terms because the Applicant had proposed different terms and such discussions would fall within the realm of section 60 (1) (c) which is wide enough to cover other matters associated with the grant of a new lease. The fact that a draft lease had not been provided is not determinative. Accordingly, as no offer has been made by the Applicant the Tribunal accepts the sum of £75. 6 Invoice 5389[16]Item 1 relates to forwarding the section 45 notice to the Respondent. The Applicant says this is not recoverable as it is not within the realm of section 60. The Tribunal accepts that this sum is per se recoverable as part of investigations and allows the £25 claimed.[17]Item 2 is also accepted on the same basis and £25 is allowed.[18]Item 3 is also accepted on the same basis and £25 is allowed.[19]Item 4 is also accepted on the same basis and £50 is allowed.[20]Item 5 is also accepted on the same basis and £50 is allowed.[21]Item 6 is also accepted and £25 is allowed.[22]Item 7 is also accepted £175 is allowed.[23]Item 8 is accepted and £25 is allowed.[24]Item 9 is not accepted because it concerns the recoverability of costs which does not strictly fall within section 60.[25]Item 10 is also not allowed on the same basis as item 9 7[26]Item 11 is also not allowed on the same basis as item 9[27]Item 12 relates to the grant of the lease therefore the £50 is allowed[28]Item 13 is not allowed on the same basis as item 9 above[29]Item 14 is allowed although it is difficult to see exactly what work was involved. On balance £50 is allowed. Invoice 5989[30]Item 3 concerns reviewing the lease with advice to the client. Although this does come within section 60 the sum is excessive and £300 is allowed.[31]Item 4 is not allowed it is not clear how this comes within section 60.[32]Item 5 is not allowed as it clearly does not come within section 60.[33]Item 6 does not come within section 60 as it is in relation to these proceedings.[34]Item 7 does not come within section 60 as it involves the proceedings themselves.[35]Item 8 is deducted on the same basis as item 7.[36]Item 9 is deducted on the same basis as item 7. 8 Invoice 6408[37]Item 11 is deducted on the basis that it involves the proceedings themselves.[38]Item 12 is allowed at £125 as it concerns the grant of a new lease.[39]Item 13 is unclear as to what it involves but on balance the Tribunal will allow the £25.[40]Item 14 is unclear as to what it involves but on balance the Tribunal will allow the £25 claimed.[41]Item 15 is discounted because it involves the proceedings themselves. Summary[42]The sums allowed for the various invoices are the following: 4347 - £1327.50 5389-£500 5989-£425 6408-£550 Judge Shepherd 15th March 2022 9 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28 day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).