75 Southwold Mansions, Widley Road, London W9 2LF LON/00BK/LSC/2019/0347 Costs LON/00BK/LSC/2019/0347

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BK/LSC/2019/0347
75 Southwold Mansions, Widley Road, London W92LF Scmilla ( Freehold) Limited ( Claimant/ApplicantApplicant(1) Abdalla Abd El -Mottaleb Mahmoud ( Deceased) (2) Mervat Ali Mohamed AliRespondent
Jim ShepherdMichael Taylor FRICSZachary Kell for the ApplicantIn person represented by daughter for the RespondentDate 12 May 2020Property: 75 Southwold Mansions, Widley Road, London W92LF Scmilla ( Freehold) Limited (Type of application: Payability of service charge.

DECISION

[1]The Tribunal has previously decided that the costs were reasonably incurred. The claim was for a relatively large sum of £20457.31. The Applicant was entirely successful in the claim and the costs claimed appeared non excessive in the Tribunal’s experience. The Respondents submissions which represent a broad attack on the costs claimed fail to persuade the Tribunal that its original decision is not correct. The statement of costs was not unusual. There were costs provisions in the lease which the Applicant was entitled to rely on. The hourly rates were not excessive. Neither was the number of fee earners involved.[2]Accordingly, the Respondents are liable to pay the Applicant’s costs summarily assessed at £7357.20 within 28 days of receipt of the order.[6]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).