Factors (Sundries) Ltd v Miller: CA 1952

The tenant seeking and being granted forfeiture was legally aided and the court was precluded by statute from making an order for costs against him.
Held: There was nonetheless jurisdiction to require him to pay the landlord’s costs as a condition of being granted relief from forfeiture. A In a case where relief against forfeiture is granted, where appropriate it may be ordered that the tenant pay the landlord’s costs, even on a solicitor/client basis as a condition of relief.
Somervell LJ explained that the liability under such a condition was ‘not an order to pay costs in the ordinary sense’, but ‘a payment of a sum equal to the costs as a condition of relief’.

Judges:

Somervell LJ

Citations:

[1952] 2 All ER 630

Jurisdiction:

England and Wales

Cited by:

CitedDaejan Investments Ltd v Benson and Others SC 6-Mar-2013
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Costs

Updated: 22 August 2022; Ref: scu.471752