First-tier Tribunal Determines Costs for Lease Extensions

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First-tier Tribunal

Property Chamber

(Residential Property)

Case reference

: CAM/00MD/OLR/2018/0170

Property

: [ADDRESS],

Slough,

[POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : 24th September 2018

Type of Application : To determine the costs payable on lease extensions (Section 60 of the

Leasehold Reform and Urban Development Act 1993 (“the 1993 Act”))

The Tribunal

: [NAME] (lawyer chair)

[NAME]

____________________________________________

DECISION _________________________________ ©

1. The reasonable legal costs of the Respondent payable by the Applicant pursuant to Section 60 of the 1993 Act are £1,408.50 plus disbursements.

2. The reasonable valuation fee payable by the Applicant is £650.00.

3. If the Respondent company is unable to reclaim the VAT as an input then VAT is payable by the Applicants at the appropriate rate on both legal fees and the valuation fee. VAT on disbursements will depend on how they are claimed as explained in the text below.

4. The balance of the original application for the Tribunal to determine the terms of the lease renewal is hereby struck out.

Reasons Introduction 5. This is a further dispute over costs arising in an application for the Tribunal to determine the terms of acquisition in a lease renewal application. The bundle has been delivered to the Tribunal and the only documents in the bundle apart from a copy of the application and the lease relate to costs. In accordance with the directions order made on

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the 4th October 2018, the failure to file any documents relating to the balance of the application has resulted in it being struck out.

6. In so far as costs are concerned, the parties will have received the Tribunal’s decision dated 26th November 2018 determining costs in connection with lease extensions relating to 67, 179 & [ADDRESS], Slough. The same solicitors represent each party and it is noted that the same amounts are claimed for costs and valuation fee, the same points of dispute are made by the Applicant’s solicitors with the same responses.

7. It will therefore come as little surprise to the solicitors involved that this Tribunal makes the same decisions for the same reasons.

…………………………………………. [NAME] Judge 4th December 2018

ANNEX - RIGHTS OF APPEAL

i. 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.

ii. 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.

iii. 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.

iv. 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.