First-tier Tribunal Rejects Costs Application Due to Unreasonable Conduct

OUTCOME: Dismissed

FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case reference : LON/00BB/LSC/2019/0255 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] :

[COUNSEL] [NAME] ( Brother of Applicant)

Respondents : [redacted] : [COUNSEL] ( [COMPANY]) Type of [NAME] : Reasonableness of service charges Tribunal member(s) :

[NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 9 December 2019

COSTS DECISION

Determination The [NAME] for costs under Rule 13 (b) of the Tribunal Procedure (First Tier Tribunal ) ( [NAME]) Rules 2013 is dismissed.

Reasons 1. The Tribunal made a determination in favour of the Respondent. In its decision at paragraph 13 the Tribunal stated that the case was not reasonably brought by the Applicant. The Respondent states in his [NAME] for costs dated 18th November 2019 that the conduct of the Applicant has already been determined. The statement by the Tribunal related to the [NAME] in general it was not made in the context of a costs [NAME] under Rule 13 (b) - none having been made at the hearing.

2. In relation to a costs [NAME] under Rule 13 (b) there is a high threshold to meet before the Tribunal could decide that the Respondent acted unreasonably in the sense referred to in the Rule. As stated in [ADDRESS] (1985) [COMPANY] v Alexander [2016] 0290 UKUT (LC) if there is no reasonable explanation for the conduct complained of, the behaviour will be adjudged to be unreasonable, and the threshold for [NAME] an order will have been crossed.

3. This high threshold is not crossed in the present case. Mr [NAME] made his [NAME] in good faith albeit it was a misguided [NAME]. Accordingly there was a reasonable explanation for the conduct complained of.

Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) 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 [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] 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 [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] 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 [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).

Judge Shepherd

9 December 2019