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14 October 2016 / Joseph Ollech , Philip Sissons
Issue: 7718 / Categories: Features , Property
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Money back guarantee? (Pt 1)

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In a special two-part series, Philip Sissons & Joseph Ollech study costs recovery in long residential lease disputes

  • The scope of the FTT’s jurisdiction to award costs under the 2013 rules which govern its procedure.
  • An important recent decision of the Upper Tribunal clarifying the scope of that jursidiction.
  • 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 either directly from the tenant involved in the dispute or via the service charge.

Long residential leases are a fertile source of litigation. Aside from enfranchisement, disputes frequently arise regarding service charges and other breaches of lease covenants and a very large proportion of these disputes are litigated wholly in the First-Tier Tribunal (Property Chamber) (FTT).

These cases often involve relatively small sums of money or relatively trivial breaches of covenant. However (not least because of the complexity of the statutory regulation of service charges) the legal costs incurred in the proceedings are frequently significant and often disproportionate to the issues at stake.

The FTT does not

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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