Refusal to award fixed costs and contractual costsMake Text Bigger
I have been in court again! The case was heard in Canterbury County Court yesterday, Wilson v Manser and Manser, which went in the landlord’s favour. The Judgement itself is not of particular interest, but the refusal of Deputy District Judge Eyley to award fixed costs and contractual costs is of considerable importance to the Letting Industry.
An Assured Shorthold Tenancy provides for the Landlord to be reimbursed for Solicitors Fees, Counsel’s Fees and other fees incurred in bringing a case for a breach in tenancy conditions.
However, DDJ Eyley said he was exercising his discretion not to award costs against the Defendant ex-Tenant.
What is of particular interest was the Judge’s refusal not to allow contractual costs.
Any landlords with repossession cases brought by Mortgage Companies will welcome the news as will any landlord involved in Service Charge cases in the County Court or Property Tribunal where legal fees are contractual and are always added to the debt.
Landlord Judith Wilson was represented by Ben Leb, a Barrister of Stour Chambers Canterbury, and the tenants by Vivien Gambling a Solicitor from Kent Law Clinic.
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