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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
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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