[2023] UKUT 135 (LC)

UTLC No. LC-2022-627

Royal Courts of Justice,

Strand, London WC2A

14 June 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

LANDLORD AND TENANT – FTT procedure – costs – application for recognition of a tenants’ association signed by association’s secretary – application subsequently withdrawn – whether secretary a person bringing or conducting proceedings against whom an order for costs could be made – rule 13(1)(b), Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013 – appeal allowed

BETWEEN

MICHAEL CONNELL

Appellant

-and-

BEAL DEVELOPMENTS LTD (1)

EASTMAN SECURITIES LTD (2)

YORKSHIRE AND LINCOLNSHIRE DEVELOPMENTS LTD

Respondents

Re: 10 The Moorings,

Burton Waters, Lincoln

Martin Rodger KC, Deputy Chamber President

31 May 2023

Kerry Bretherton KC, instructed directly, for the appellant

Jeff Hardman, instructed by Wilkin Chapman, for the respondents

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Conservative and Unionist Central Office v Burrell [1982] 1 WLR 522

London Association for the Protection of Trade v Greenlands Ltd [1916] 2 AC 15

Rosslyn Mansions Tenants Association v Winstonworth Ltd [2015] UKUT 11 (LC)

Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC)