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30 May 2013
Issue: 7562 / Categories: Features , Civil way , Procedure & practice
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Civil way: 31 May 2013

Big matches in tenancy litigation, the guest list from hell & beware the client

TENANCY DIVISION

The season started with Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] All ER (D) 48 (Mar) (see “The long game"). A landlord’s failure to comply with the service charge consultation requirements of s 20 of the Landlord and Tenant Act 1985 (LTA 1985) and subordinate legislation, however serious, would not justify refusal of dispensation from the requirements when the landlord applied for it to a leasehold valuation tribunal so long as there was no relevant prejudice to the tenant or the tenant could be compensated for it by dispensation conditions. Landlords congregate on the victory bus.

Then along came Phillips v Francis [2012] EWHC 3650 (Ch) (see “Difficult facts making bad law”) where there may be a replay. For the purpose of ascertaining whether “qualifying works” reached the threshold to trigger the LTA 1985, s 20 consultation requirements, the landlord now needed to aggregate all the “qualifying works” in any

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MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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