The case of Barratt v Robinson provided useful guidance on when a Landlord can recover costs incurred through tribunal proceedings.
Many leases may contain a clause for a tenant to pay Landlords costs incurred of any forfeiture proceedings under section 146.
Ordinarily the Landlord is able to recover its costs using the clause in the lease, however in this case the Tribunal decided that the Landlords cost were not recoverable.
It was decided that the Landlord was not entitled to recover its legal cost under Section 146 of the 1925 Act because there was no evidence that the Landlord contemplated proceedings for forfeiture.
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