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STAGHOLD LTD v (1) HIKO TAKEDA (2) SUE MATSUE TAKEDA (2005) CC (London) (Judge Levy QC) 8/8/2005

Description

A landlord was entitled to recover the costs of successful litigation against a tenant before the Leasehold Valuation Tribunal when this could be implied from a proper construction of the lease. The recovery of these costs was not precluded by Schedule 12 of The Commonhold and Leasehold Reform Act 2002. The tenant's argument that the lease did not envisage recovery of costs where costs could be recovered on conclusion of tribunal proceedings was rejected. The court found that the landlord had been forced into the proceedings and it would have been inequitable for him not to have been able to recover such costs under the lease.

Specifications

  • County Court
  • Monday, 08 August 2005

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