Tenant Faces Costs Order

26 September 2011

A tenant who claimed a beneficial interest in the property in which he lived faced an order to pay his landlord’s costs when the court rejected his claim recently. The landlord had applied for an eviction order on the ground of non-payment of rent. The order was granted, but the tenant claimed that he had a share of ownership of the property and that claim was set down for trial.

When the case came to court, most of the rent arrears claims were dismissed.

The tenant’s claim that he had a beneficial interest in the property was dismissed, however, and the landlord’s claim for possession of the property succeeded.

When the court had to decide who was to pay how much of the legal fees, the judge ruled that the tenant should pay 90 per cent of the landlord’s costs. The reasoning behind this was that actions regarding debts due are relatively simple, whereas those regarding the equitable rights over property are normally not and thus involve higher costs. The tenant had won as regards most of the debt issue, but lost on the more complex ownership issue and the possession order.

Leave to appeal the decision was refused.

For more information on this subject or any other legal matter,
please contact us:

Tonbridge: 01732 770660
Sevenoaks: 01732 747900
Email: marketing@warners-solicitors.co.uk