header-logo header-logo

17 April 2014 / Alexander Bastin
Issue: 7603 / Categories: Features , Landlord&tenant , Property
printer mail-detail

The Benson paradigm

Alexander Bastin assesses the impact of Daejan Investments v Benson...a year on

The legislation governing the recovery of expenditure on residential leasehold property is a minefield for landlords and management companies. Until the Supreme Court’s decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] 2 All ER 375 one wrong step tip-toeing through the statutory consultation requirements for major works could preclude recovery of vast sums of money genuinely spent and in the absence of any proven loss to lessees. Benson is a paradigm of:

  1. how difficult the business of judging can be;
  2. how a party’s determination might, eventually, overturn judicial opposition; and
  3. judicial activism.

Daejan lost in the Leasehold Valuation Tribunal (LVT) (three members), lost in the Upper Tribunal (two members), lost in the Court of Appeal (three judges) and only managed a bare majority (3:2) in the Supreme Court. Of the 13 judges who considered the matter, only the correct three (at least so far as Daejan were concerned) found for the landlord and, in doing so, overturned

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll