The case of Helen Chung and Gordon Wong v Martin James Towey was determined by the Upper Tribunal (Lands Chamber) 18 April 2017. The case centred on whether the tenant was liable to pay for a valuation commissioned by the landlord after an application to the First Tier Tribunal had been lodged.
The appellants’ case was that the valuation fee was incurred in pursuance of the notice of claim and therefore recoverable from the respondent. The respondent however argued, amongst other points, that the appellants only sought valuation advice after they realised the matter was to be referred to the FTT and hence the valuation fee was not properly incurred in accordance with s.9(4) of the 1967 Act.
The Upper Tribunal overturned the FTT’s previous decision that it would not be appropriate to make an order for payment of the valuation fee and instead ruled that the disputed invoice relating to “valuing and calculating the premium payable for the purchase of the freehold” was to be met by the tenant. The respondents’ objection to the cost of the valuation, simply because it was carried out after the application, was found to have little merit.