header-logo header-logo

07 February 2014 / Winston Jacob
Issue: 7593 / Categories: Features , Property
printer mail-detail

Room for argument

web_jacob

There is no satisfactory solution for the determination of costs under s 138(2) of CCA 1984, says Winston Jacob

Section 138 of the County Courts Act 1984 applies to a claim in the county court by a lessor for possession of land on the ground that the lease is forfeit due to rent arrears. Section 138(2) states: “If the lessee pays into court or to the lessor not less than five clear days before the return day all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.”

A lessee wishing to take advantage of this provision must act swiftly. The return day for these purposes is the first date fixed for the hearing of the claim: Swordheath Properties Ltd v Bolt [1992] 2 EGLR 68. The lessor need only serve the claim 21 days before that hearing (Civil Procedure Rules (CPR) r 55.5(3)), so the lessee may have as little as 16 days from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll