Plantation Wharf Management Ltd v Fairman & Ors [2019] UKUT 236 (LC)

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Section 20C, Landlord and Tenant Act 1985 allows the FTT to order that some (or all) of the costs incurred by a landlord in FTT proceedings cannot be recovered from the leaseholders through the service charge. in Plantation Wharf Management Ltd v Fairman & Ors, one leaseholders had applied for a s.20C order on behalf of himself and all the other leaseholders at an estate. He did not represent those leaseholders and did not have any authority to act on their behalf. The FTT nonetheless made an order under s.20C in favour of all the leaseholders at an estate. The Upper Tribunal allowed an appeal . Whilst it was possible for the FTT to make an order in favour of a class of leaseholders, it could only do so if each member of the class had applied for such an order or authorised another party to apply on their behalf. Details of the appeal are available here. Justin Bates acted for the successful landlord.

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