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Solicitor's costs
3 Answers
I am a freeholder of premises which comprise a flat and shop. The freehold was bought from the original landlord and a covenant was included in the transfer regarding the payment of a fair and reasonable proportion of costs incurred by the landlord in the upkeep of the (quite large) block.
I have been in dispute with the landlord over the quantum of the bills received and his solicitor has just told me that I will be receiving a bill for his costs in dealing with the correspondence. No proceedings have been commenced. There has only been correspondence on the matter in dispute.
Is this allowed? Can it be enforced? I was under the impression that costs can only be ordered by a court.
I have been in dispute with the landlord over the quantum of the bills received and his solicitor has just told me that I will be receiving a bill for his costs in dealing with the correspondence. No proceedings have been commenced. There has only been correspondence on the matter in dispute.
Is this allowed? Can it be enforced? I was under the impression that costs can only be ordered by a court.
Answers
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The landlord (and his solicitor) would seem to be claiming that the interpretation of 'costs of upkeep of the block' extends to more than just the direct costs incurred (i.e. it also includes the overheads associated with block maintenance). That seems like it is worth challenging.
Is this a 'one-off' associated with the one-off purchase of the freehold? - or have you gotten into an open-ended arrangement in perpetuity where you are liable for payments (even though you own the freehold)?
I wonder what these payments cover, and what formula you agreed (or didn't) as to their allocation. Also, if this is open-ended, just who advised you that it was a good idea to do this.
Is this a 'one-off' associated with the one-off purchase of the freehold? - or have you gotten into an open-ended arrangement in perpetuity where you are liable for payments (even though you own the freehold)?
I wonder what these payments cover, and what formula you agreed (or didn't) as to their allocation. Also, if this is open-ended, just who advised you that it was a good idea to do this.
I think they are just trying to scare me with a threat of costs over and above the bills already sent. I know this is a bit messy as regards the inclusion of the covenant. My ex solicitor was not very good and has since been struck off for financial misbehaviour. He didn't point this out in any way.
I am challenging the application of "fair and reasonable" in terms of benefit deriving from the expenditure. The benefit is negligible if there is any at all. I want to be able to respond on the matter of solicitor's costs allegedly incurred simply in the in the process of my challenging the charges in correspondence as I have been doing.
Thanks for responding by the way.
I am challenging the application of "fair and reasonable" in terms of benefit deriving from the expenditure. The benefit is negligible if there is any at all. I want to be able to respond on the matter of solicitor's costs allegedly incurred simply in the in the process of my challenging the charges in correspondence as I have been doing.
Thanks for responding by the way.
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