On 9th November the Tribunal Procedure Committee (TPC) published a consultation paper seeking views on the rules in relation to the question of placing a cap or caps on costs recoverable under the costs provisions in leasehold and residential property cases heard in the Property Chamber of the First-tier Tribunal.
TPC is seeking views on:
- Whether it is appropriate to amend the relevant rules to include a cap on the award of costs in respect of what may be termed “unreasonable behaviour” in residential property cases. Mobile Homes Act cases and leasehold cases; and if so, why? If not, why not?
- If a cap (or caps) is/are appropriate, is it/are they best achieved by amending Rule 10;and if not, why not? Any other drafting suggestions?
- Any other suggestions as regards how “unreasonable behaviour” costs in these cases should be dealt with under the relevant rules?
- If it is considered appropriate to amend the Property Chamber Rules, is it also appropriate to amend those in the Upper Tribunal (lands Chamber); if so, why? If not, why not?
The consultation will last until 1 February 2018. You are encouraged to respond by completing this questionnaire and either send your response to:
Tony Allman-Secretary to the Tribunal Procedure Committee
1st Floor Piccadilly Exchange
2 Piccadilly Plaza Manchester
M1 4AH
Or email it to: tpcsecretariat@justice.gsi.gov.uk
