What happens about Costs if you lose at First Tier Tribunal?

by Readers Question

10:26 AM, 4th April 2016
About 3 years ago

What happens about Costs if you lose at First Tier Tribunal?

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What happens about Costs if you lose at First Tier Tribunal?

I, together with a group of other long flat leaseholders, have tried everywhere without success to find out whether we will be liable for costs and if these could be high if we lose a case which looks as if it is heading to First Tier Tribunal, as the other side has told Land Registry that is what they want to do. Even Land Registry cannot inform us.legal fees

Basically, having received some pro bono legal advice supplying us with various case law judgments, we have registered a UN1 charge on a lease with Land Registry to say we have an implied appurtenant right to free parking on on the forecourt of our block of flats, which, after 40 years of free parking, our freeholder has sold (together with the garage block) to an individual who started off by wanting to charge us £500 p.a. per parking bay but has since dropped it to £60 p.a.

We have offered to buy the forecourt but he is not interested, not will he fix the parking charge for a period at the low rate.

We are worried, if we lose (a) whether he is likely to get costs against us (b) is there a limit or could it be limitless (c) could costs be awarded jointly and severally, i.e. even against those owners of flat leases who did not sign the UN1 (about 50% did)?

If we do not find an answer, we may have to withdraw shortly, as there is only a 15 day window from Land Registry for withdrawal before they force us to proceed with the court process.

Many thanks

Emma



Comments

Gary Nock

12:09 PM, 4th April 2016
About 3 years ago

Emma you need to check your lease to see what it says about parking charges. If it's in the lease then it can be charged. If not it can't. If you are being charged an amount thats not allowed under the lease write to the Freeholder and advise him of that. Even if it is in the lease (which I doubt) then you can take the case to FTT. The landlord can only charge his "reasonable costs" and the Tribunal can make an order limiting them. Have you tried the lease.org website?

S.E. Landlord

12:57 PM, 4th April 2016
About 3 years ago

Is the area in question included in your title plans, if so I doubt it could be sold.

Puzzler

21:10 PM, 4th April 2016
About 3 years ago

I recently went on an excellent course run by Lease (Leasehold Advisory Service) on lease extensions. If the FTT is applied to for those then each side pays their own costs. I don't know if that is the case with other matters. Call them, they have a helpline.

BobbyG

3:11 AM, 27th April 2017
About A year ago

Hi Emma
I understand your predicament. I've put a YouTube link to one of the podcasts from the leasehold advisory service. It's from a barrister who specialises in this field. I think that is was made in 2013 or 2014. It covers you question so it's worth a watch.
Approx 30 mins long.

https://youtu.be/icWbz1-T_tY

All the best!

Bobby


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