31/01/2024
If you lose a case in the Small Claims Court you will never have to pay the winning party's costs.
WRONG!
It's widely stated (even on Martin Lewis's site) that if you lose, the only costs you are liable for in the Small Claims Court are the other party's basic expenses, travel etc.
This is generally so. HOWEVER, when it comes to those hideous legal instruments handed down to us by the bloody landed gentry - LEASES, it's different.
Most Leases contain a clause indemnifying the Freeholder from incurring legal expenses in any dispute with a leaseholder over service charges etc. IN LEASES, THIS EVEN APPLIES IN THE SMALL CLAIMS COURT.
Despite acting honestly and with good intentions, a domestic leaseholder friend of mine is facing an Β£18000 bill for an action taken against him by his Management Company - even though the action was taken in the Small Claims Court.
So, even though it's outrageous, when it comes to Leases, you MAY have to pay almost unlimited legal costs even in the Small Claims Court.
I am not a lawyer so always check first with a specialist property law solicitor.