Costs
61.Mr Sprack invited me to direct that the hearing fee for the appeal should be paid by the Landlord. As the appeal has been withdrawn and the cross-appeal has succeeded, I am happy to make that order.62.Mr Sprack also indicated that the Tenants wished to apply for their costs of the cross-appeal and of defending the appeal up to the point it was withdrawn under rule 10(3)(b) of the Tribunal’s Rules. It is not necessarily unreasonable for a party to withdraw or abandon an appeal, but a party who does so at a late stage without any explanation is at risk of being taken never to have been serious about pursuing the appeal and to have done so simply to delay the enforcement of the FTT’s order for repayment. If the Tenants wish to pursue their application they should give notice to the Landlord concisely identifying the conduct they consider unreasonable. The Landlord may then have 21 days to respond to the application. Martin Rodger QC,Deputy Chamber President23 June 2022