Daejan Investments Ltd v Benson & ors [2011] EWCA Civ 38; [2013] UKSC 14 – Law Journals

Statutory Duties: The need to consult

Jeremy Stephen considers why s20 of the Landlord and Tenant Act 1987 is overdue for amendment ‘If BDW is correct, all a landlord need do to avoid an s20 consultation is to enter into all its service agreements before there are any tenants. This would clearly frustrate the purposes of s20 of the Act.’ Consultations …

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Service Charges: Welcome clarity on major works

A recent case makes clear that the consultation obligation lies with the superior landlord. Jessica Parry explains ‘Landlords are usually keen to avoid disputes and get the consultation procedure right before incurring substantial sums on major works.’In the recent case of Leaseholders of Foundling Court and O’Donnell Court v The Mayor and Burgesses of the …

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Residential Service Charge Consultation: Normal service resumed?

Douglas Rhodes reviews the Court of Appeal’s decision in Phillips v Francis regarding the extent of a landlord’s obligation to consult its tenants on major works ‘Unless the consultation requirements are complied with, the landlord’s service charges are capped at £250 per dwelling regardless of the overall cost of the works, unless dispensation is applied …

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Residential Service Charge Update: Section 20 consultation – where are we now?

Lynn James analyses the consultation and dispensation provisions in s20 and s20ZA in the context of some recent cases, and assesses what this means for landlords and managing agents ‘The controversial decision in Phillips v Francis means that should a landlord consider carrying out a number of separate items of work during the course of …

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Service Charges: No landlord equals no consultation!

Does a ‘landlord’ include a ‘future landlord’ under the consultation requirements in s20 of the Landlord and Tenant Act 1985? Sue Thompson considers a recent case bringing welcome clarity ‘As frequently highlighted in the plethora of decisions handed down by the courts and tribunals, the challenging field of residential service charges remains ever-evolving and complex.’ …

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Residential Service Charges: Where are we now?

Emma Gosling considers some recent cases ‘If you accept that it will be necessary to apply for dispensation from the consultation requirements, do so early before the lessees incur unnecessary costs which you could ultimately be held liable for.’ It has been an eventful year for residential service charge litigation. There have been a number …

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Case And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …

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Case Round-Up

Paul Tonkin summarises recent case law Notices served under the Party Wall Act are deemed to have been received when they would arrive in the normal course of post Freetown Ltd v Assethold Ltd [2012] Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall etc Act 1996 …

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Residential Service Charges: A new approach for the LVT

Sue Thompson assesses the Supreme Court decision in Daejan A degree of flexibility will need to be adopted by the LVT in each case when considering exercise of its discretion if it is to achieve a fair balance between both sides. On 6 March 2013, The Supreme Court handed down its eagerly awaited judgment in …

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Service Charge: A warning to landlords

A recent decision has extended a landlord’s duty to consult on proposed works. David Haines and Tanya Pinto explore the implications The effect of the judgment should now result in a prudent landlord considering consulting on all qualifying works, even in circumstances where the individual works themselves will equate to less than £250 per lessee. …

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