header-logo header-logo

Room for argument

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll