LVT/0046/03/23: 24 Paddock Street, Llanelli – Costs Decision
| Judgement Number | LVT/0046/03/23 |
| Date | 24 October 2023 |
| Court | Leasehold Valuation Tribunals |
| Subject Matter | Section 21(10)(a) |
| Applied Rules | Leasehold Reform Act 1967 |
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0046/03/23
In the Matter of premises at 24 Paddock Street, Llanelli, SA25 2RU
In the matter of an Application under Section 21(1)(a) of the Leasehold Reform Act 1967.
Applicants: Pobl Homes and Communities Limited
c/o Devonshires Solicitors
Respondents: Phillips (Family Properties) Limited
Decision on costs.
The tribunal determines that the Respondent’s reasonable costs properly recoverable
from the Applicant are £1975 plus VAT.
1. This case relates to the Applicant's right to enfranchise in respect of the premises at 24
Paddock Street, Llanelli SA 25 TRU (“the property”). The tribunal was informed by email
of 30th May 2023 from the Applicant’s solicitors that the consideration and surveyors fees
had been agreed and a form TR1 (the conveyancing document transferring the ownership
of the property from one party to another) had also been agreed. The only outstanding
issue related to the solicitors’ fees. The tribunal gave directions on 13th of July 2023 to
both parties to file submissions upon the costs payable to the Respondent.
2. The Respondent duly filed a statement of case prepared by Walter Kramer of Gisby
Harrisons Solicitors in which the Respondent sought to recover its legal costs in relation
to two notices served by the Applicant pursuant to section 5 of the Leasehold Reform Act
second notice was dated 22nd of November 2022 for legal fees of £2500 plus VAT and
surveyor’s fees of £700 plus VAT. The latter sum was agreed and a disbursement of £12
for Land Registry search fees were also claimed in relation to the 2016 notice.
3. The Respondent noted that in addition to the section 5 notice of the Act of 17 March 2016,
it also received a notice under section 13 of the Leasehold Reform Housing and
Development Act 1993 on or around 6 June 2016 in relation to the property. The
Respondent argues that the notice served in 2017 (this is a mistaken reference to the 2016
notice) did not lapse and the costs incurred in relation to that notice were properly
incurred and not subject to provisions under the Limitation Act 1980 or otherwise. The
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