Costs are rarely awarded in tribunal proceedings. As a general rule, each party bears their own legal costs, aside from limited tribunal fees. However, where a tribunal finds that a party has acted unreasonably, it does have the power to make a costs order.
In a recent park home matter, Tim Selley, Partner in the Dispute Resolution team at WBW Solicitors, secured such an order for his clients, and crucially, ensured it was enforced.
The background
Tim’s clients were park homeowners who had been attempting to sell their home. They became victims of “sale blocking” by the site owner, whose conduct culminated in an application for a Refusal Order. While the legislation does allow a site owner to oppose a sale in limited circumstances, Tim considered that the application had been made unreasonably.
By the time Tim was instructed, his clients were at their wits’ end. They needed to sell urgently due to failing health and were facing ongoing stress and uncertainty as a result of the site owner’s actions.
The outcome
Tim was able to persuade the site owner to abandon the Refusal Order application entirely, allowing the sale to proceed as intended. However, the matter did not end there.
Given the site owner’s conduct, Tim applied for a costs order. The Tribunal agreed, finding that the site owner had acted unreasonably and ordering that Tim’s clients’ costs be paid.
When the site owner then ignored the costs order, Tim took further decisive action. Using the bank details previously provided by the site owner for pitch fee payments, he applied to have the Tribunal’s costs award transferred to the County Court and enforced by way of a Third Party Debt Order. As a result, the site owner’s bank was required to pay the costs directly from funds held in its account, much to the site owner’s obvious displeasure.
A clear message
Commenting on the case, Tim said:
“It was pleasing first to allow the sale to go through, but also to obtain the costs order and then see it properly enforced. Hopefully, this site owner will think twice before attempting the same behaviour in the future.”
Specialist advice matters
This case highlights both the challenges park homeowners can face and the importance of specialist legal advice. While costs awards in tribunal cases are uncommon, unreasonable conduct can and should have consequences.
Tim has a particular interest in acting for park homeowners and residents’ associations across the country and has been closely involved in shaping park home law at a national level. His experience ensures that clients not only achieve the right outcome but are also fully supported through what can be an extremely stressful process.
If you are experiencing difficulties with a park home sale, site owner behaviour, or any other park home dispute, our team is here to help.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
