Leasehold disputes and costs – Nearly Legal

Posted December 7th, 2015 in appeals, costs, housing, interpretation, landlord & tenant, leases, news by sally

‘Leasehold disputes, like any litigation, are capable of generating significant legal and other professional costs. The position is generally better for freeholders/third party managers than it is for leaseholders in that a well-drafted lease will usually give the landlord/manager a right to recover legal costs, often through a variety of different forms of covenant. These clauses can (and do) “trump” any procedural restrictions on the award of costs, see, e.g. Chaplair, but, of course, it is always a question of construction as to what the clause in question covers.’

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Nearly Legal, 5th December 2015