Q&As

Does the fixed costs regime relating to Part 55 possession proceedings in CPR 45 apply where a tenant has signed a tenancy agreement which states that it is liable for the landlord’s reasonable costs? Can CPR 44.5 be relied on to disapply the fixed costs rules in CPR 45 in these circumstances?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 18/12/2018

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Does the fixed costs regime relating to Part 55 possession proceedings in CPR 45 apply where a tenant has signed a tenancy agreement which states that it is liable for the landlord’s reasonable costs? Can CPR 44.5 be relied on to disapply the fixed costs rules in CPR 45 in these circumstances?

Does the fixed costs regime relating to Part 55 possession proceedings in CPR 45 apply where a tenant has signed a tenancy agreement which states that it is liable for the landlord’s reasonable costs? Can CPR 44.5 be relied on to disapply the fixed costs rules in CPR 45 in these circumstances?

CPR 45 sets out a fixed costs regime in respect of possession proceedings brought pursuant to CPR 55. Where the claim is for the recovery of land the amount allowable in costs is fixed in the sums set out in CPR 45. In practice, this significantly limits the costs recoverable under the fixed costs regime.

However, as has been made clear in cases such as Church Commissioners for England v Ibrahim, the contractual rights and obligations that parties have entered into should be respected save in circumstances where there is good reason to do so. In that case Roch LJ held that:

‘The successful litigant’s contractual rights to recover the costs of any proceedings to enforce his primary contractual rights is a highly relevant factor when it comes to making a costs order. He is not, in my view, to be deprived of his contractual rights to costs where he has

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