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Another successful commercial landlord and tenant case for Howell Jones' Litigation Team
07 July 2011
We have just settled another commercial L&T claim. Our client was sued for £50,000 plus interest and costs allegedly due for unpaid rent and dilapidations. The alleged lease was many years old and our client originally admitted signing such document on the assumption that what the Claimant was saying was correct. However after testing his evidence it became clear that the document that he thought was the Lease, was a different document and that in fact he only remembered seeing a draft of the Lease and then taking up occupation. We amended the claim and gradually increased pressure on the Claimants to prove that there was no Lease, to admit that the rent had been paid and that the claim for dilapidations enjoyed very little prospect of success. Further, we adjusted the Defence to mention specific L&T legislation that would potentially serve to cap the dilapidations claim.
We increased pressure further by applying debarring orders on disclosure, for security for costs and asking the Court to deal with the Claimants' failure to co-operate on expert evidence.
At the security hearing, the Claimants eventually threw in the towel by agreeing to discontinue the claim, and pay a substantial sum in costs.
External Counsel was not retained. All Court papers, strategy and hearings were prepared, recommended and conducted by our own expert Litigation Team.
Andrew Petchey, Partner, Litigation Team
