31 May 2007
Lay v Drexler [2007] EWCA Civ 464, [2007] All ER (D) 318 (May)
Where a landlord applies for the grant of a new tenancy under s 24(1) of the Landlord and Tenant Act 1954, and the tenant, having entered an acknowledgement of service indicating an intention to take a new lease in response to the landlord’s application, subsequently terminates the proceedings by service of a notice under s 25(9) indicating that he no longer wants a new tenancy, the normal rule about costs in CPR 38.6(1) applies, and so the tenant should pay the costs of the entire proceedings to the landlord.
