Part I LANDLORD AND TENANT
C1Chapter I COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS
Determination of price and costs of enfranchisement
33 Costs of enfranchisement.
1
Where a notice is given under section 13, then (subject to the provisions of this section and sections 28(6), 29(7) and 31(5)) the nominee purchaser shall be liable, to the extent that they have been incurred in pursuance of the notice by the reversioner or by any other relevant landlord, for the reasonable costs of and incidental to any of the following matters, namely—
a
any investigation reasonably undertaken—
i
of the question whether any interest in the specified premises or other property is liable to acquisition in pursuance of the initial notice, or
ii
of any other question arising out of that notice;
b
deducing, evidencing and verifying the title to any such interest;
c
making out and furnishing such abstracts and copies as the nominee purchaser may require;
d
any valuation of any interest in the specified premises or other property;
e
any conveyance of any such interest;
but this subsection shall not apply to any costs if on a sale made voluntarily a stipulation that they were to be borne by the purchaser would be void.
2
For the purposes of subsection (1) any costs incurred by the reversioner or any other relevant landlord in respect of professional services rendered by any person shall only be regarded as reasonable if and to the extent that costs in respect of such services might reasonably be expected to have been incurred by him if the circumstances had been such that he was personally liable for all such costs.
3
Where by virtue of any provision of this Chapter the initial notice ceases to have effect at any time, then (subject to subsection (4)) the nominee purchaser’s liability under this section for costs incurred by any person shall be a liability for costs incurred by him down to that time.
4
The nominee purchaser shall not be liable for any costs under this section if the initial notice ceases to have effect by virtue of section 23(4) or 30(4).
5
The nominee purchaser shall not be liable under this section for any costs which a party to any proceedings under this Chapter before F1the appropriate tribunal incurs in connection with the proceedings.
6
In this section references to the nominee purchaser include references to any person whose appointment has terminated in accordance with section 15(3) or 16(1); but this section shall have effect in relation to such a person subject to section 15(7).
7
Where by virtue of this section, or of this section and section 29(6) taken together, two or more persons are liable for any costs, they shall be jointly and severally liable for them.
Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))