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21 October 2016 / Joseph Ollech , Philip Sissons
Issue: 7719 / Categories: Features , Property
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Money back guarantee? (Pt 2)

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In the second part in the series, Philip Sissons & Joseph Ollech study costs recovery in long residential lease disputes

  • 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 via the service charge.

In Pt 1 we considered the scope of the First-Tier Tribunal (Property Chamber) FTT’s jurisdiction to award costs under the 2013 rules which govern its procedure and the recent decision of the Upper Tribunal in Willow Court Management Co (1985) Ltd v Alexander [2016] UKUT 290 (LC) clarifying the scope of that jursidiction. Here we focus on the second alternative route by which a landlord might be able to recoup costs incurred in proceedings before the FTT; passing the costs through the service charge so that all of the tenants within the service charge regime pay a share. Of course, whether or not a landlord can pursue this course of action will depend primarly on the particular wording of the lease in question. However,

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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