Part 4 - Regulation of leasehold Section 63: Rights of tenants to claim litigation costs from landlords
Section 63 amends the Landlord and Tenant Act 1985 (LTA 1985) by inserting the new Section 30J after the existing Section 30I.
	New Section 30J subsection (1) implies a term into leases which gives leaseholders a right to apply to the relevant court or tribunal for an order that their landlord pay any or all of their litigation costs incurred in connection with relevant proceedings concerning the lease. Litigation costs include any costs incurred, or to be incurred, by the leaseholder in proceedings to which the landlord and leaseholder are a party and that concern a lease of a dwelling. Subsection (7) sets out which proceedings "concern a lease" for the purpose of new Section 30J.
	New Section 30J subsection (2) provides for the relevant court or tribunal to make such order on the application made by a leaseholder under subsection (1) as it considers just and equitable in the circumstances.
	New Section 30J subsection (3) provides that the appropriate authority may by regulation specify matters the relevant court or tribunal must take into account when deciding whether to make an order under subsection (2).
	New Section 30J subsection (4) clarifies that where a landlord has incurred costs as a result of a leaseholder claiming their litigation costs from the landlord under subsections (1) and (2), the landlord must apply to the relevant court or tribunal under new Section 20CA of LTA 1985 or new paragraph 5B of Schedule 11 of the CLRA 2002 in order to recover these as either a variable service charge or administration charge.
	New Section 30J subsection (5) provides that a lease, contract or other arrangement has no effect if it says differently to this Section, including regulations made under this Section or an order made under this Section.
	New Section 30J subsection (6) defines terms used in Section 30J.
	New Section 30J subsection (6) provides through the definition of "relevant proceedings" that the appropriate authority may make regulations that specify the type of proceedings to which the rights of leaseholders to claim litigation costs from landlords apply.
	New Section 30J subsection (6), provides through the definition of "the relevant court or tribunal" that in most cases the court who is hearing the proceedings (which creates the litigation costs) should consider the Section 30J application. It also sets out where an application should be made after the proceedings are concluded.
	New Section 30J subsection (7) provides that references in new Section 30J to proceedings concerning a lease includes proceedings concerning any matter arising out of a lease, a lease term, or agreement or arrangement in connection with the lease; proceedings concerning any enactment relevant to the lease, or agreement or arrangement in connection with the lease; or proceedings that otherwise have a connection with the lease.
	New Section 30J subsection (8) provides that regulations in this Section under subsections (3) and (6) are to be made by statutory instrument; may make provision generally or only in relation to specific cases; may make different provision for different purposes or different areas; and may include supplementary, incidental, transitional or saving provision.
	New Section 30J subsection (9) specifies that regulations made under Section 30J are subject to the negative procedure.