header-logo header-logo

Dispensing with consultation

10 February 2011 / Justin Bates
Issue: 7452 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Justin Bates revisits residential service charges

The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular the 1985 Act, s 20 limits the service charges that a tenant can be required to pay in respect, inter alia, of “qualifying works”, ie works on a building or other premises, to £250 in any accounting period unless the landlord has first either (i) consulted the tenant in the prescribed manner (Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (the consultation regulations) or, (ii) obtained dispensation from the consultation regulations from the Leasehold Valuation Tribunal (LVT) (s 20 and s 20ZA, 1985 Act). The LVT may dispense with any or all of the consultation regulations if it is reasonable to do so (s 20ZA(1), 1985 Act).
The procedure for qualifying works involving private sector landlords are dealt with in Pt 2, Sch 4 of the consultation regulations. In general terms, there are three “stages” that the landlord must go through. 

  • Stage 1 involves the landlord
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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll