Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

The defendants, tenants of business premises had first sought a renewal of their lease, but then decided not to go ahead. The landlords appealed against the refusal by the lower court to award them their costs incurred.
Held: The appeal succeeded. The new order had amended the procedures to allow the landlord to take the initiative and determine at an early stage whether the lease was to be renewed. The tenant indicating his wish to renew should be aware that by doing so he put himself at risk in costs if he did not then do so.


Chadwick LJ, Laws LJ, Evans-Lombe J


[2007] EWCA Civ 464, Times 20-Jun-2007, [2007] 5 Costs LR 695, [2007] BusLR 1357, [2007] 31 EG 82, [2007] 2 P and CR DG13, [2007] 22 EG 160, [2007] NPC 66, [2007] L and TR 33




Landlord and Tenant Act 1954 24(1), Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (2003 No 3096)


England and Wales

Costs, Landlord and tenant

Updated: 19 November 2022; Ref: scu.252414