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14 October 2016 / Joseph Ollech , Philip Sissons
Issue: 7718 / Categories: Features , Property
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Money back guarantee? (Pt 1)

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In a special two-part series, Philip Sissons & Joseph Ollech study costs recovery in long residential lease disputes

  • The scope of the FTT’s jurisdiction to award costs under the 2013 rules which govern its procedure.
  • An important recent decision of the Upper Tribunal clarifying the scope of that jursidiction.
  • Alternative, contractual, routes to cost recovery where recent case-law has clarified the extent to which a landlord might be able to recoup legal costs either directly from the tenant involved in the dispute or via the service charge.

Long residential leases are a fertile source of litigation. Aside from enfranchisement, disputes frequently arise regarding service charges and other breaches of lease covenants and a very large proportion of these disputes are litigated wholly in the First-Tier Tribunal (Property Chamber) (FTT).

These cases often involve relatively small sums of money or relatively trivial breaches of covenant. However (not least because of the complexity of the statutory regulation of service charges) the legal costs incurred in the proceedings are frequently significant and often disproportionate

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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