88 Costs: generalE+W
(1)A RTM company is liable for reasonable costs incurred by a person who is—
(a)landlord under a lease of the whole or any part of any premises,
(b)party to such a lease otherwise than as landlord or tenant, or
(c)a manager appointed under Part 2 of the 1987 Act to act in relation to the premises, or any premises containing or contained in the premises,
in consequence of a claim notice given by the company in relation to the premises.
(2)Any costs incurred by such a person in respect of professional services rendered to him by another are to be regarded as reasonable only if and to the extent that costs in respect of such services might reasonably be expected to have been incurred by him if the circumstances had been such that he was personally liable for all such costs.
(3)A RTM company is liable for any costs which such a person incurs as party to any proceedings under this Chapter before [F1the appropriate tribunal] only if the tribunal dismisses an application by the company for a determination that it is entitled to acquire the right to manage the premises.
(4)Any question arising in relation to the amount of any costs payable by a RTM company shall, in default of agreement, be determined by [F2the appropriate tribunal] .
Textual Amendments
F1Words in s. 88(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 135 (with Sch. 3)
F2Words in s. 88(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 135 (with Sch. 3)
Commencement Information
I1S. 88 wholly in force at 30.3.2004; s. 88 not in force at Royal Assent see s. 181(1); s. 88 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 88 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)