87 ST GEORGE’S SQUARE MANAGEMENT V WHITESIDE

The Facts, the Issue and the FTT’s Determination

The tenant had behaved unreasonably in the FTT proceedings. The landlord had been awarded some of its costs of service charge proceedings before the FTT under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.  Could the landlord subsequently rely on a contractual indemnity clause in the lease to claim the whole of the costs of the same proceedings as an administration charge?