Mercia Investment Properties Ltd v Northway

The landlord alleged that the tenant had failed to give notice of the assignment of the lease. The LVT held that there had been a breach, but it had been waived. It then held that the behaviour of the landlord was “not far short” of being vexatious or an abuse of process and that the landlord should pay the costs of the application. It then made an order under s.20C, Landlord and Tenant Act 1985, preventing the landlord from recovering its costs via the service charge.