Q&As

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of being claimed in the proceedings (ie by statement of costs) or do fixed costs apply?

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Produced in partnership with Elizabeth England
Published on LexisPSL on 31/10/2016

The following Property Disputes Q&A produced in partnership with Elizabeth England provides comprehensive and up to date legal information covering:

  • In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of being claimed in the proceedings (ie by statement of costs) or do fixed costs apply?
  • Fixed costs

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of being claimed in the proceedings (ie by statement of costs) or do fixed costs apply?

If a party is successful in a claim the usual rule is that the losing party pays both his and the other party’s costs. Costs might be assessed in the following ways:

  1. indemnity basis: this is where the court allows all of a party’s costs as set out in their statement of costs without assessing them further

  2. standard basis: this is where a Judge ‘taxes’ costs, which means the court assesses (ie reduces) the costs to be paid by the losing party towards the winner’s costs

  3. fixed costs: the court has a fixed set of costs that will be awarded in certain circumstances

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