Trustees of John Lyon's Charity v Terrace Freehold LLP

Leasehold enfranchisement – Collective enfranchisement. In determining an application for legal costs following a collective enfranchisement claim, the governing provision was s 33 of the Leasehold Reform Housing and Urban Development Act 1993, the meaning of which was clear. In order for costs to be recoverable from the nominee purchaser, the reversioner had to satisfy the First-tier Tribunal (Property Chamber)(the FTT), the burden being on the reversioner, that the costs were reasonable, and that they were the costs of and incidental to any of the matters listed in s 33(1). Applying those principles, the Upper Tribunal (Lands Chamber) allowed the appellant trustees' appeal in part against the FTT's decision in respect of legal costs properly recoverable by the appellants from the respondent in relation to the respondent's claim for collective enfranchisement.

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