Housing Act 2004

Costs E+W

12 (1) A tribunal may determine that a party to proceedings before it is to pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2). E+W

(2) The circumstances are where—

(a) he has failed to comply with an order made by the tribunal;

(b) in accordance with regulations made by virtue of paragraph 5(4), the tribunal dismisses, or allows, the whole or part of an application or appeal by reason of his failure to comply with a requirement imposed by regulations made by virtue of paragraph 5;

(c) in accordance with regulations made by virtue of paragraph 9, the tribunal dismisses the whole or part of an application or appeal made by him to the tribunal; or

(d) he has, in the opinion of the tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.

(3) The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph must not exceed—

(a) £500 [F1 or, in the case of an application to a tribunal under the Mobile Homes Act 1983, £5,000], or

(b) such other amount as may be specified in procedure regulations.

(4) A person may not be required to pay costs incurred by another person in connection with proceedings before a tribunal, except—

(a) by a determination under this paragraph, or

(b) in accordance with provision made by any enactment other than this paragraph.

Textual Amendments

F1 Words in Sch. 13 para. 12(3)(a) inserted (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 4(3)(d) and said words inserted (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 4(3)(d) (with art. 5)

Commencement Information

I1 Sch. 13 para. 12 wholly in force at 16.6.2006; Sch. 13 para. 12 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 13 para. 12 in force for E. at. 4.7.2005 by S.I. 2005/1729 , art. 2(b) (subject to art. 3 ); Sch. 13 para. 12 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )