Moved by
Lord Young of Cookham
99A: After Clause 120, insert the following new Clause—
“Limitation of administration charges: costs of proceedings
In Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (administration charges), after paragraph 5 insert—
“Limitation of administration charges: costs of proceedings
5A_(1) A tenant of a dwelling in England may apply to the relevant court or tribunal for an order reducing or extinguishing the tenant’s liability to pay a particular administration charge in respect of litigation costs.
_(2) The relevant court or tribunal may make whatever order on the application it considers to be just and equitable.
_(3) In this paragraph—
(a) “litigation costs” means costs incurred, or to be incurred, by the landlord in connection with proceedings of a kind mentioned in the table, and
(b) “the relevant court or tribunal” means the court or tribunal mentioned in the table in relation to those proceedings.
| Proceedings
to which costs
relate |
“The
relevant court or
tribunal” |
| Court
proceedings |
The
court before which the proceedings are taking place or, if the
application is made after the proceedings are concluded, the county
court |
| First-tier
Tribunal
proceedings |
The
First-tier Tribunal |
| Upper
Tribunal
proceedings |
The
Upper
Tribunal |
| Arbitration
proceedings |
The
arbitral tribunal or, if the application is made after the proceedings
are concluded, the county
court.” |