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Kirsty McLennan

Posted 9 June 2017
by Kirsty McLennan

Ordered to Reimburse Fees



The First-Tier Tribunal Property Chamber (“the Tribunal”) has recently handed down a decision in which a costs order was made in favour of the Applicant Park Owner.

Under rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 a Tribunal is able to make an order requiring a party to reimburse to any other party the whole or part of the amount of any fee paid in bringing the application.

The case was an application requesting determination of the new pitch fee. The Applicant Park owner had written to the Respondent Homeowner on at least two occasions, inviting them to agree the new pitch fee and avoid the application being made. The Homeowner did not agree, and gave no reason why they disputed the RPI increase.

The Tribunal held that it was reasonable for the pitch fee to be increased and that in these circumstances the Park owner should not have to bear the cost of the application, and made an order that the Homeowner should reimburse the application fee to the Park owner.

This decision serves as a reminder to Park owners of the importance of corresponding with a homeowner before applying to the Tribunal.

Tribunal decisions may be found here.

If you have any queries regarding the topic of this blog or if you are interested in subscribing to our Parklaw service, contact the Parks Team by telephone on 01392 207020 or email parks@tozers.co.uk

 

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About the author

Kirsty McLennan

Kirsty McLennan

Associate

Associate in the commercial litigation team helping landlords, tenants and owners of residential and holiday parks resolve disputes