Cussens v Realreed Ltd [2013] EWHC 1229 (QB) (15 May 2013)

Cussens v Realreed Ltd [2013] EWHC 1229 (QB) (15 May 2013)

The County Court had jurisdiction to grant declaratory relief regarding breaches of lease covenants as actions founded on contract under section 15 of the County Courts Act 1984, and the costs order was within the judge's discretion as the tenant did not object to the forum or seek transfer to the LVT before trial.

Citation
[2013] EWHC 1229
Parties
Defendant/appellant: Claudia Elka Cussens; Claimant/respondent: Realreed Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Appeal / High Court Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Leasehold Covenants, Forfeiture Proceedings, Jurisdiction of County Court, Costs Orders, Declaratory Relief
Property Law Landlord and Tenant Law Civil Procedure Leasehold Covenants Forfeiture Proceedings Jurisdiction of County Court Costs Orders Declaratory Relief

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Parties

Claudia Elka Cussens

Defendant/appellant

Realreed Limited

Claimant/respondent

Procedural Posture

Appeal / High Court Appeal From County Court Decision

Legal Issues

  1. 1 Whether the County Court had jurisdiction to make declarations of breach under section 168 of the Commonhold and Leasehold Reform Act 2002
  2. 2 Whether the costs order made by the County Court was correct given the statutory regime for costs before Leasehold Valuation Tribunals

Ratio Decidendi

The County Court had jurisdiction to grant declaratory relief regarding breaches of lease covenants as actions founded on contract under section 15 of the County Courts Act 1984, and the costs order was within the judge's discretion as the tenant did not object to the forum or seek transfer to the LVT before trial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The costs order made by the County Court stands, subject to detailed assessment if not agreed.