Tenant Costs Under 1993 Act: Reasonable Fees Determined

OUTCOME: Allowed

1

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AC/OC9/2024/0628 HMCTS code (paper, video, audio) : P: PAPERREMOTE Property : 21 [ADDRESS] [POSTCODE] Applicant : [redacted] : [APPELLANT] Respondent : [redacted] : Type of [NAME] : Costs payable by the respondent under s.60(1) Leasehold Reform, Housing and Urban Development Act 1993 Tribunal member : Judge S [NAME] of decision : 11 February 2025

Decision of the Tribunal

The Tribunal determines that the amount of costs payable by the respondent under s.60 (1) of the 1993 Act are: (1) [NAME]'s Legal fees (inclusive of VAT) - £3,300.00 (2) [NAME]'s Valuation fees (inclusive of VAT) - £1,140.00 (3) [NAME]'s Land Registry fees - £18.00 (4) [NAME]'s Courier fees (inclusive of VAT) - £47.00

Background

2

(1) The [NAME] seeks an order under s.60(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (the "1993 Act") as to the amount of costs payable in connection with negotiations for the grant by the [NAME] of a lease of 21 [ADDRESS] [POSTCODE]. (2) The [NAME], dated 11 October 2024, stated that the applicant was content for the matter to be dealt with by way of a paper determination. The Tribunal's Directions of 21 November 2024 confirmed that the Tribunal considered the matter suitable for determination without an oral hearing but that either party could request a hearing. Neither party did. (3) The costs sought are: (1) [NAME]'s Legal fees (inclusive of VAT) - £3,300.001 (2) [NAME]'s Valuation fees (inclusive of VAT) - £1,140.00 (3) [NAME]'s Land Registry fees - £18.00 (4) [NAME]'s Courier fees (inclusive of VAT) - £47.00 These costs were set out in an email from [RESPONDENT] [NAME] of [RESPONDENT] to the respondent’s then solicitors on 14 August 2024. (4) By the directions the [NAME] was directed to provide the respondent by 12 December 2024 a schedule of costs sufficient for summary assessment, invoices substantiating the costs and any other documents relied on. This was done. (5) The directions directed the respondent to provide the applicant by 02 January 2025 a statement of case, details of comparative cost estimates and any other documents the respondent wished to rely on and giving the applicant the right to respond to the Respondent's case by 16 January 2025. This was not done. (6) The directions required the applicant to prepare an agreed bundle and email it to the respondent and the Tribunal by 30 January 2024. (7) The applicant's solicitors provided its bundle for the hearing to the Tribunal and the respondent. Their covering letter to the Tribunal stated that they had not heard from the respondent in response to the [NAME] or the directions. (8) s.60 of the 1993 Act provides that: (1) Where a notice is given under section 42, then (subject to the provisions of this section) the tenant by whom it is given shall be liable, to the extent that they have been incurred by any [NAME] in pursuance of the notice, for the reasonable costs of and incidental to any of the following matters, namely- (a) any investigation reasonably undertaken of the [NAME] right to a new lease; (b) any valuation of the [NAME] flat obtained for the purpose of fixing the premium or any other amount payable by virtue of

1 Rounded down from £3,310.80.

3

Schedule 13 in connection with the grant of a new lease under s.56; (c) the grant of a new lease under that section; but this subsection shall not apply to any costs if on a sale made voluntarily a stipulation that they were to be borne by the purchaser would be void. (2) For the purposes of subsection (1) any costs incurred by a [NAME] in respect of professional services rendered by any person shall only be regarded as reasonable if and to the extent that costs in respect of such services might reasonably be expected to have been incurred by him if the circumstances had been such that he was personally liable for all such costs. (5) A tenant shall not be liable under this section for any costs which a party to any proceedings under this Chapter before the appropriate tribunal incurs in connection with the proceedings. (6) In this section "[NAME]", in relation to a claim by a tenant under this Chapter, means the landlord for the purposes of this Chapter, any other landlord (as defined by section 40(4)) or any third party to the [NAME] lease. The applicant's statement of costs and submissions 1. The statement of costs gives a charge out rate for a partner in the leasehold enfranchisement department at [COMPANY] of £520 per hour, increasing to £575 per hour in April 2023, and for [NAME] at rates of £465 per hour. It gives a breakdown of the time spent by individual partners and [NAME] on work on the documents, communications with their client, the [NAME], the intermediate landlord’s solicitors and the valuer, in total 5.6 hours. Evidence of the land registry disbursements and the courier fees was provided.

2. The bundle includes an invoice from [NAME], chartered surveyors, for £950 plus VAT, dated 29 August 2024.

3. The applicant's statement of case states that the terms of the acquisition of a new lease were agreed on 21 March 2024, but the respondent failed to complete the new lease within the required statutory period pursuant to s.48 of the 1993 Act and the Notice of Claim was therefore deemed withdrawn pursuant to s.53 of the 1993 Act on 20 July 2024.

4. The applicant in its statement of case asked the tribunal to note the respondent's failure to comply with the directions and that no submissions have been received from the respondent in response to the statement which was provided to the respondent on 22 July 2024. The applicant therefore submits that the costs set out in the statement of costs are not disputed.

5. The applicant's solicitors have acted for the applicant for many years in enfranchisement matters. They submit that it is reasonable for fee earners with [NAME] experience to have conduct of the matter, and refer the Tribunal to cases which set out the principles the Tribunal is asked to consider in connection with the reasonableness of costs, particularly the case of [COMPANY] v [COMPANY] (2004) Ref LON/ENF/1005/03.

4

6. The statement of case refers the Tribunal to various recent cases where the charge out rate of the applicant's solicitors has been approved.

7. In particular, in writing this decision I have gratefully adopted the recent decision of Judge Pittaway in [ADDRESS] [POSTCODE] (2024) LON/00BK/OC9/2024/0082, which is also a [NAME] case on all fours with this one. The respondent's case.

8. There was no evidence or submissions from the respondent. Reasons for the tribunal's decision 9. In the absence of any evidence from the respondent the Tribunal has reached its decision on the basis of the statement of costs and submissions from [COMPANY]. The directions stated, 'If any party fails to comply with these directions the Tribunal may in any event determine the issues in dispute on the basis of such information and evidence as is available.' The respondent has provided no statement of case, no details of comparative cost estimates nor any other documents wished to be relied on, as directed to do.

10. The Tribunal has to decide whether the costs are costs recoverable under s.60(1), and, if so ,whether they meet the test of reasonableness set out in s.60(2).

11. The cases cited by the applicant in which the level of fees charged by [APPELLANT] have been approved by other Tribunals are instructive, but are not binding on the Tribunal and each case must be determined on its own merits.

12. On the basis of the breakdown of costs provided by [COMPANY] the Tribunal finds that the costs listed in that breakdown fall within s.60(1), as they relate to investigation reasonably undertaken of the [NAME] right to a new lease, the valuation of the [NAME] flat or the grant of a new lease. The Tribunal notes that they do not include any costs incurred in connection with any [NAME] to the tribunal, which are excluded under s.60(5).

13. Any costs incurred by the [NAME] in respect of professional services rendered are to be regarded as reasonable only if and to the extent that costs in respect of such services might reasonably be expected to have been incurred by him if the circumstances had been such that he was personally liable for all such costs. The existence of invoices addressed to the applicant may indicate that the applicant would have paid them, but of itself that does not make the charges reasonable.

14. There are no submissions from the respondent before the Tribunal challenging the charge out rates of [COMPANY], the time spent on the transaction, or the seniority of solicitors used for all aspects of the [NAME].

15. The Tribunal accepts that the applicant is entitled to instruct [APPELLANT], who are its long-time solicitors, and that the rates charged by [COMPANY] are consistent with the usual charge out rates for solicitors in central London.

16. In the circumstances the tribunal finds the legal costs of [COMPANY] to be reasonable. It also finds the level of disbursements charged to be reasonable.

17. In the absence of any challenge the Tribunal finds the surveyor’s costs to be reasonable. Name: Judge S [NAME]: 07 April 2025

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 [NAME] for permission must be made to the First- tier Tribunal at the [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] 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).

6

141