This section applies if, despite section 20J(1), a non-participating tenant in relation to a relevant claim pays a prohibited amount to any person.
For the purposes of this section, a "prohibited amount" is an amount that is—
demanded as a variable service charge, and
attributable to non-litigation costs incurred, or to be incurred, in connection with the claim.
The appropriate tribunal may, on the application of the tenant, order the person to which the prohibited amount was paid to return all or any part of the amount to the tenant.