Q&As

Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the legal costs claimed have to relate to court action or could they simply be legal costs charged by the solicitors for taking preliminary action (eg writing letters to the tenant to chase up rent) which did not result in a court claim?

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Produced in partnership with Anna Metcalfe of St Philips Chambers
Published on LexisPSL on 01/03/2016

The following Property Disputes Q&A produced in partnership with Anna Metcalfe of St Philips Chambers provides comprehensive and up to date legal information covering:

  • Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the legal costs claimed have to relate to court action or could they simply be legal costs charged by the solicitors for taking preliminary action (eg writing letters to the tenant to chase up rent) which did not result in a court claim?

Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the legal costs claimed have to relate to court action or could they simply be legal costs charged by the solicitors for taking preliminary action (eg writing letters to the tenant to chase up rent) which did not result in a court claim?

The lease should be viewed as an ordinary contract and the usual rules of construction will apply. If the term states in clear language that a landlord is

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