Monthly Archives: October 2015

Posted By 43templerow 43templerow

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The principle, first outlined in Octagon Assets Limited v Remblance [2009] EWCA Civ 581 can be simply stated. A tenant, who had fallen into rent arrears, brought an action against the landlord for breach of various covenants. The landlord served a statutory demand on the tenant’s guarantor for the rent arrears.

The guarantor pointed to the unfairness of the situation. The landlord could not have served a statutory demand for the rent arrears against the tenant. The tenant would have been able to rely on…

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Posted By 43templerow 43templerow

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Following a recommendation in the Report of the Costs Review Group to the Senior President of the Tribunal in December 2011, costs in the First Tier Tribunal (Property Chamber) can now be awarded in the following circumstances:

Where wasted costs have been incurred; or Where costs have been incurred by one party where a person has acted unreasonably in bringing, defending, or conducting proceedings; or In a land registration case.

Jurisdiction is conferred on the Tribunal pursuant section 29(4) of the Tribunal Courts and…

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