Tenant's Appeal for Permission to Appeal Denied

OUTCOME: Refused

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/26UG/LIS/2018/0024 Property : [ADDRESS], [ADDRESS], St.Albans, Herts [POSTCODE] Applicant : [redacted] : In person Respondent : [redacted] : In person Type of application : S27A Landlord and Tenant Act 1985 Tribunal member : Tribunal Judge Dutton Miss M Krisko BSC (Est Man) [NAME] and date of hearing : St Albans Magistrates Court, St Albans on 18th January 2019 Date of order : 21st January 2019

CONSENT ORDER

1. Following a transfer made by the County Court at Watford on 4th September 2018 in claim E9QZ8N87 (the Court Claim) this matter came before us for hearing on 18th January 2019 at the Magistrates Court at St. Albans .

2. Following discussions between the parties, settlement was reached on the terms set out below.

3. Pursuant to its power under paragraph 35 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal makes

2 a consent order disposing of the proceedings in the terms of the settlement below.

4. Pursuant to its case management powers under paragraph 6 of the 2013 Procedure Rules, the tribunal directs that tribunal’s file will be closed, the matter having been settled.

5. The Tribunal orders the Respondent to contribute the sum of £100 towards the hearing fee of £200, such sum to be paid to the Applicant within 28 days.

Name: Tribunal Judge Dutton Date: 21st January 2019

The application is withdrawn on the terms of settlement set out below

Terms of Settlement:

The Respondent will within 14 days pay to the Applicant the sum of £680 being: (i) £385 as part payment of the costs associated with the roofing works at the property of which the Respondent is alleged to have a liability of £770. (ii) £200 being the Ground rent owed. (iii) £95 being the contribution to insurance for the year 2016 - 17 (iv) The above sums are in full and final settlement of the Court Claim.

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/26UG/LIS/2018/0024 Property : [ADDRESS], [ADDRESS], St.Albans, Herts [POSTCODE] Applicant: [redacted]

Respondent: [redacted] : Application for permission to appeal Tribunal members : Tribunal Judge Dutton Miss M Krisko BSC (Est Man) [NAME] of decision : 21st January 2019

DECISION

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DECISION OF THE TRIBUNAL 1. The tribunal has considered the respondent’s request for permission to appeal dated and determines that: (a) it will not review its decision; and (b) permission be refused.

2. In accordance with section 11 of the Tribunals, Courts and Enforcement Act 2007 and rule 21 of the Tribunal Procedure (Upper Tribunal) ([NAME]) Rules 2010, the respondent may make further application for permission to appeal to the Upper Tribunal ([NAME]). Such application must be made in writing and received by the Upper Tribunal ([NAME]) no later than 14 days after the date on which the First-tier Tribunal sent notice of this refusal to the party applying for permission to appeal.

3. The Upper Tribunal ([NAME]) may be contacted at: 5th [ADDRESS] [POSTCODE] (tel: [PHONE]); or by email: [EMAIL] . REASON FOR THE

DECISION 4. The reason for the decision is that the tribunal had considered and taken into account all of the points now raised by the respondent, when reaching its original decision.

5. The original tribunal’s decision was based on the evidence before it and the respondent has raised no legal arguments in support of the application for permission to appeal.

6. For the benefit of the parties and of the Upper Tribunal ([NAME]) (assuming that a further application for permission to appeal is made), the tribunal has set out its comments on the specific points raised by the respondent in the application for permission to appeal, in the appendix attached.

Name: Tribunal Judge Dutton Date: 4th February 2019

3 APPENDIX TO THE DECISION REFUSING PERMISSION TO APPEAL

For the benefit of the parties and of the Upper Tribunal ([NAME]), the tribunal records below its comments on the grounds of appeal, adopting the paragraph numbering of the original application for permission. References in square brackets are to those paragraphs in the main body of the original tribunal decision. Specific comments on the grounds of appeal The issue raised by Miss [RESPONDENT] is the requirement for her to contribute £100 to the hearing fee. This was discussed at the hearing with both parties and we invited oral submissions. Miss [RESPONDENT] left the hearing room before Miss [APPELLANT] but contrary to her assertion there was no discussion with Miss [APPELLANT] concerning the case or the question of costs. All was considered with both parties present. The parties reached an agreement, which is embodied in the decision we issued and included the insurance, Miss [RESPONDENT] confirming she considered the sum reasonable. The question of costs was a matter that we confirmed we would consider. Given that each party had some success and that this was a case transferred from the Court we concluded that a sharing of the hearing fee was just and equitable. Our decision was made after both parties had left.