Recovering the landlord's legal costs
Published by a LexisNexis Property Disputes expert
Practice notesRecovering the landlord's legal costs
Published by a LexisNexis Property Disputes expert
Practice notes
This Practice Note looks at how a Landlord can recover the Costs of taking action to enforce tenant covenants, such as seeking rent arrears, serving a notice under section 146 of the Law of Property Act 1925, or seeking a determination of service charge liability. It looks at the effect of common lease clauses requiring tenants to pay costs, and the power for the court or tribunal to order that the landlord’s costs of proceedings may not be recovered as service charges under section 20C of the Landlord and Tenant Act 1985 (LTA 1985), or as administration charges under the Commonhold and Leasehold Reform Act 2002 (CLRA 2002).
Options for cost recovery
There are various routes to recovering costs that a landlord may use depending on the circumstances. These include:
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costs orders in proceedings. See: Costs orders—overview and First-tier Tribunal and Upper Tribunal—overview
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statutory liability for costs imposed in certain situations, such as in a claim for a lease extension or for collective enfranchisement. Reference should be made to the guidance for the relevant process—for
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