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Summary Of The Case Studies
Reference #10939
Application for Security for Costs
Problems Encountered in the Case
The Landlord forfeited the lease due to alleged unpaid rent, leading to the Tenant seeking relief against forfeiture and disputing rent arrears. The Landlord applied for security for costs of £15,000, claiming the Tenant relied on a sham lease and arguing that the Tenant’s director was the true tenant.
- Litigation amount up to £15,000
- The client is facing significant challenges in asserting their legal rights.
- The case has numerous allegations that need to be addressed and clarified.
Our Approach And Solution
Approach: The case involved addressing and clarifying numerous allegations made by the Landlord against the Tenant. We focused on demonstrating the legitimacy of the Tenant’s lease and the unfairness of the Landlord’s actions, particularly the forfeiture that hindered the Tenant’s ability to trade and caused financial distress.
Solution: We successfully argued against the Landlord’s application for security for costs by proving that the Tenant had been a lawful tenant for two years and that the financial difficulties were a direct result of the lease forfeiture. The Judge dismissed the Landlord’s application, enabling the Tenant to recover costs incurred in dealing with the application.
Lawyer In This Case:
Naheem Anwar
Naheem, a solicitor since 2002, specialises in Dispute Resolution, particularly Corporate and Commercial Litigation. As a Partner at Blakewater Certus Solicitors, he handles disputes for businesses across diverse sectors, with expertise in commercial agreements. Naheem also excels in resolving property issues for commercial and residential clients, offering insights into landlord and tenant matters, litigation, arbitration, and debt enforcement.
Sahdia Hussain
Starting her legal journey in conveyancing at 18, Sahdia gained experience before pursuing her law degree and LPC. After training and qualifying at Certus Solicitors in 2016, she specialized in Debt Recovery and Landlord and Tenant Residential matters. Sahdia, now a director at Blakewater Solicitors Limited, adeptly handles disputes and litigation for individuals and businesses, with expertise in commercial property and insolvency.