Q&As

A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs (including legal costs) properly incurred in connection with the recovery of sums due under the lease. Therefore, this should include the costs of issuing the letter of claim and issuing a court claim. The amount of arrears is £25,000 excluding legal costs. Under CPR 45, the landlord can only recover fixed costs. However, can it claim for its full costs under the lease entitlement? How does the lease entitlement to all costs interplay with the fixed commencement costs under CPR 45? How should you plead the costs?

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Published on LexisPSL on 21/04/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs (including legal costs) properly incurred in connection with the recovery of sums due under the lease. Therefore, this should include the costs of issuing the letter of claim and issuing a court claim. The amount of arrears is £25,000 excluding legal costs. Under CPR 45, the landlord can only recover fixed costs. However, can it claim for its full costs under the lease entitlement? How does the lease entitlement to all costs interplay with the fixed commencement costs under CPR 45? How should you plead the costs?

A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs (including legal costs) properly incurred in connection with the recovery of sums due under the lease. Therefore, this should include the costs of issuing the letter of claim and issuing a court claim. The amount of arrears is £25,000 excluding legal costs. Under CPR 45, the landlord can only recover fixed costs. However, can it claim for its full costs under the lease entitlement? How does the lease entitlement to all costs interplay with the fixed commencement costs under CPR

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