Tenant Not Liable for Unreasonable Administration Charges

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/24UJ/LAC/2018/0015

Property

:

8 [ADDRESS] [POSTCODE]

Applicant: [redacted]

:

Respondent: [redacted]

:

[COUNSEL] [COMPANY] of Application

:

Liability to pay Administration Charges

Tribunal Member(s)

:

Judge Tildesley OBE

Date of Directions

:

8 January 2019

Supplemental Decision

2

Background

1. The Applicant seeks a determination under Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (the 2002 Act) as to whether administration charges are payable.

2. On 14 December 2018 the Tribunal determined the following

1. The Applicant is not liable to pay the administration charge of £375.

2. Subject to any representations made by the Respondent by 4 January 2019:

▪ The Tribunal is minded to make orders under section 20C and paragraph 5a schedule 11 of the 2002 Act preventing the Respondent from recovering its costs in connection with these proceedings from the Applicant

▪ The Tribunal is minded to order the Respondent to reimburse the Applicant with £100 application fee within 28 days.

3. If no representations are made the Orders in respect of Costs and fees will be confirmed without further notice.

Determination

3. No representations have been made. The Tribunal considers it just and equitable in view of the outcome of the case to make orders under section 20C of the 1985 Act and paragraph 5a schedule 11 of the 2002 Act preventing the Respondent from recovering its costs in connection with these proceedings from the Applicant

4. The Tribunal orders the Respondent to reimburse the applicant with £100 application fee within 28 days.

3

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case.

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking