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News & Features

Monday 1st March 2010
01/03/2010 - Landlords should check tenancy agreements
 
A recent High Court ruling may be of assistance to Landlords in recovering costs in rent arrears cases writes Gill Akaster partner Phil Oke.
 
“I regularly act for Landlords who are owed rent by their Tenants. In most cases, the arrears are below £5,000. In such cases, Court Rules only permit Claimants to recover limited costs.
 
In Robert Shaw v Nine Regions Ltd the High Court was asked to consider the position on costs in respect of a small claim.
 
In Shaw it was the Defendant claiming costs. The Defendant argued that it had a contractual right to its costs, set out in a loan agreement between the parties. The Claimant opposed the application for costs on the basis that it was a small claim and the small claim rule on costs should apply in any event. The Claimant also contended that the contractual term was an unfair term and, therefore void and unenforceable.
 
The Court held that the term was reasonable and awarded the Defendant its costs.
 
This decision confirms that it may be possible to obtain costs in a small claims case where the parties make appropriate contractual provision to recover those costs.
 
What this means for Landlords is that they may be able to recover costs on a small claim for rent arrears if there is provision for this in the Tenancy Agreement. Landlords and their Agents may therefore wish to check existing Tenancy Agreements to see what provision, if any, they make for cost recovery and include appropriate wording in future agreements.”

YOUR LEGAL CHAMPION

News & Features
01/03/2010 - Landlords should check tenancy agreements
1st Mar 2010
A recent High Court ruling may be of assistance to Landlords in recovering costs in rent arrears cases writes Gill Akaster partner Phil Oke.
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01/03/2010 - New Report highlights the effect on children of divorce and separation
1st Mar 2010
A report by the Children and Family Court Advisory and Support Service (CAFCASS) has revealed that not only may children be caused anxiety about their continuing relationship with their ... click for more
12/02/2010 Landmark Decision
12th Feb 2010
Steve Allen, a Partner in Gill Akaster LLP’s litigation team, has been involved in a recent landmark decision in the Chancery Division of the High Court in London and which has be ... click for more
22/01/10 SQUATTER EVICTIONS
22nd Jan 2010

Homeowners must follow the law regarding squatter eviction or risk prosecution warns Gill Akaster Partner Phil Oke.

Landlo ... click for more
07/01/2010 DON'T SLIP UP ON INJURY CLAIMS says the LAW SOCIETY
7th Jan 2010

For help with injury claims contact us on 203500 According to several reports, personal injury claims are expected to increase as the freezing weather conditions persist across the countr ... click for more
17/12/2009 Woodside Charity Appeal
17th Dec 2009

After 2 years supporting St Luke's Hospice, the staff at GA nominated Woodside Animal Trust as their chosen charity.  Eve ... click for more
20/10/2009 Law Society research reveals risks of “nightmare” will writing companies
20th Oct 2009

This Law Society press release was prepared with the assistance of Gill Akaster's head of Wills, Trusts and Tax team, Jonathan Hall.

New research by the ... click for more
6/10/2009 Law Society Help! campaign
6th Oct 2009

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01/08/09 - The Midnight Walk
1st Aug 2009
Midnight on 1st August saw 7 of our GA ladies heading out on their 13.1 mile walk around Plymouth in aid of St Luke's Hospice.  Early indications show ... click for more
10/07/2009 Have a Heart
28th Jul 2009
During July, Partner Phil Oke had a brainwave whilst watching the television series ‘Mary Queen of Charity Shops’, where they gave charity shops ... click for more
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