’69 Marina’ Case – Recovery of court costs

Recovery of court costs in '69 Marina' caseIn a recent court of appeal case it was held that both LVT and County Court costs were recoverable against the defaulting Lessee.

The lease included a costs clause stating:

“All expenses including solicitors’ costs and surveyors’ fees incurred by the Landlord incidental to the preparation and service of a notice under Section 146 of the Law of Property Act 1925” or “in contemplation of” Section 146 proceedings”

This is a common clause in leases but up until now it was not clear how widely it could be interpreted. It was held in this case that the wording of this clause entitled the landlord to recover the costs incurred both at LVT and County Court from the defaulting Lessee.


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