Who pays legal fees?

dibdab3

I recently took the Management Company of the block of flats where I live to Court following a breach of Section 22 of the Landlord and Tenants Act 1985. They were found to be guilty ,and a 12 month conditional discharge given ,as the Magistrates stated that it would be unfair to the 17 owners of flats in the block to have to pay towards a fine imposed upon the management Company ,as it was not their fault that this breach had been committed.
My question is, who pays the legal costs run up by the Management Company whilst defending this case? We had 4 Court hearings and they employed a Barrister and a Solicitor against me prosecuting them on my own which was totally unproportional,especially as they lost the case!
The legal costs are over £10,000 and I think that they will take them out of the Maintenance fund reserve,which ultimately means that every owner will have to pay for the Management Company’s breach.
Can anyone give me any advice here please? The Director of the Company who committed the breach under the umbrella of the Management Company is not responding to any of my emails,so I do not know what is happening?
please help if you can.

Many thanks. 

princeofpounds

I'm don't think I can give you an exhaustive answer, but I do know that one important thing is whether the leases permit the management company to recover legal costs.

NameUnavailable

Check your lease as above, that will state if the Freeholder (or their agents) can charge legal costs back to the leaseholders - most do!

I know if you take a case to the property tribunal you can request that consideration is given to legal fees but I don't know if you can do the same if it was action through the courts. Lease advice might be able to help.

Unfortunately, as you may have found, taking legal action against a freeholder/management company is often a waste of time as it just incurs more and more costs.

dibdab3

Thanks. I think the lease only covers legal expenses for breach of lease but I will check! It was worth taking them to Court as they have breached Section 20 and Section 22 of the Landlords and Tenants Act 1985,so needed to be told to comply with their legal obligations!