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Phillis Trading Ltd v 86 Lordship Road Ltd: CA 16 Mar 2001

A tenant wanting to purchase the freehold offered a sum without mentioning the costs. The landlord counter offered to accept the sum but with costs. His rejection of the offer was unreasonable. The effect would be to nullify the Act since it would lead to tenants paying more for low value freeholds. The power of a tribunal to award costs should be exercised so as to encourage and not to discourage settlements. The landlord should have considered whether the offer was reasonable without looking for costs.

Citations:

Times 16-Mar-2001

Statutes:

Leasehold ReformHousing and Urban Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant, Administrative

Updated: 08 May 2022; Ref: scu.84718

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