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Litigation Letter

Costs of service charge proceedings

Volosinovici v Corvan (Properties) Ltd [2007] EW Lands LRX/67/2006 (Oct)

Under s20C of the Landlord and Tenant Act 1985, a tenant who succeeds in proceedings over service charges may obtain an order that the costs of the proceedings are not to be regarded as relevant costs for the purposes of endeavouring to recover them from him by way of a future service charge demand. However, such an order does not disable the landlord as regards other tenants in the same building. The landlord must therefore bear only that share of the costs which, but for the s20C order, would have been borne by the applicant tenant.

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