Unreasonable conduct and costs in the First-tier Tribunal

First-tier Tribunal

There is no self-standing and separate jurisdiction arising under section 24(4) of the Landlord and Tenant Act 1987 to award costs of and incidental to proceedings before the FTT. The Tribunal’s power to order costs derives from section 29 of the Tribunals, Courts and Enforcement Act 2007. Section 29(1) is expressly subject to Tribunal Procedure Rules, and Rule 13 where costs may only be awarded where a party has acted unreasonably in “bringing, defending or conducting proceedings”. It was wrong to regard an application to vary an earlier management order as a self-standing piece of litigation. Instead it was an application made for the purpose of enforcing a previous order of the FTT. It was all part and parcel of those proceedings to appoint a manager.

MARCUS J STAPLES v DANUTE LIUBA CRANFIELD [2018] UKUT 341 (LC)