Q&As

Where a commercial lease allows a landlord to recover all reasonable costs and expenses connected with recovery/attempted recovery of rent arrears, how do you seek to recover such costs if the tenant then pays the arrears?

read titleRead full title
Published on LexisPSL on 13/06/2016

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

  • Where a commercial lease allows a landlord to recover all reasonable costs and expenses connected with recovery/attempted recovery of rent arrears, how do you seek to recover such costs if the tenant then pays the arrears?
  • Contractual provisions dealing with costs
  • Procedure

Where a commercial lease allows a landlord to recover all reasonable costs and expenses connected with recovery/attempted recovery of rent arrears, how do you seek to recover such costs if the tenant then pays the arrears?

Contractual provisions dealing with costs

As per our News Analysis: Lease indemnity for costs cannot be overridden by costs limitations imposed by CPR 27.14 (Chaplair Limited v Kumari), on the basis of existing case law (in particular Gomba Holdings UK Ltd and others v Minories Finance Ltd and others (No 2)), the court will, where there is a contractual provision dealing with costs, likely base their assessment of costs (pursuant to their discretion in respect of making an order for costs under section 51 of the Senior Courts Act 1981) on the contractual provision, through the machinery of Part 44.5 of the Civil Procedure

Related documents:

Popular documents