Lands Tribunal Costs Rules
When to Apply for Your Legal Costs and how to Recover Them
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Lands Tribunal Costs Rules
When a matter is referred to the Tribunal by the registrar, it is usually done so under The Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003. This is governed by sections 107-114 of the Land Registration Act 2002 and the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rule 2013. This is where the Lands Tribunal Costs Rules can be found.
The general Lands Tribunal Costs Rules are that each party bears their own costs, unless otherwise ordered. There are different provisions which if applicable, mean that one party can recover costs from another party. It can be common in landlord/tenant disputes, that the landlord can recover costs from the tenant. General provisions to apply for costs include:
- Written Contract – the first provision which allows for costs to be recovered inter partes is if there is a written contract, often found within a tenancy agreement, where it is stated that the landlord can seek legal costs from the tenant. In this instance, the Tribunal can decide if the costs incurred are reasonable and payable.
- Acts of Parliament – There are also certain Acts of Parliament which allow for costs to be recovered inter partes such as the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993.
- Wasted Costs – this is a power given by the Tribunals, Courts and Enforcement Act 2007. It comes into effect when one party’s behaviour has increased the costs of the other unnecessarily. Those costs can then be recovered inter-partes.
- Unreasonable Behaviour – If a party has acted unreasonably in bringing, defending or conducting the case, the Tribunal can order costs under Rule 13 of the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013
For more information on First Tier Tribunal (Property Chamber) Costs recovery, see our blog post.
How Can ARC Costs Assist?
ARC Costs are specialist Costs Draftsman and Costs Lawyers who can assist with preparing Bill of Costs, negotiations and the overall recovery of costs in any legal matter. We also assist paying parties who require Points of Dispute to be prepared, and can assist either party in detailed assessment proceedings. If you require any further information or assistance, please contact us on 01204 397302. Alternatively, you are welcome to complete our online contact form, to get in touch via our Live Chat facility, or we can be contacted via email on firstname.lastname@example.org.
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