Commonhold and Leasehold Reform Act 2002

89 Costs where claim ceases E+W

(1) This section applies where a claim notice given by a RTM company—

(a) is at any time withdrawn or deemed to be withdrawn by virtue of any provision of this Chapter, or

(b) at any time ceases to have effect by reason of any other provision of this Chapter.

(2) The liability of the RTM company under section 88 for costs incurred by any person is a liability for costs incurred by him down to that time.

(3) Each person who is or has been a member of the RTM company is also liable for those costs (jointly and severally with the RTM company and each other person who is so liable).

(4) But subsection (3) does not make a person liable if—

(a) the lease by virtue of which he was a qualifying tenant has been assigned to another person, and

(b) that other person has become a member of the RTM company.

(5) The reference in subsection (4) to an assignment includes—

(a) an assent by personal representatives, and

(b) assignment by operation of law where the assignment is to a trustee in bankruptcy or to a mortgagee under section 89(2) of the Law of Property Act 1925 (c. 20) (foreclosure of leasehold mortgage).

Commencement Information

I1 S. 89 wholly in force at 30.3.2004; s. 89 not in force at Royal Assent see s. 181(1); s. 89 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 89 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)