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The long game

12 April 2013 / Daniel Gatty
Issue: 7555 / Categories: Features , Landlord&tenant , Property
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Daniel Gatty reports on some recent good news for landlords

Landlords of blocks of flats let on long leases can sleep more peaceably in their beds as a result of the Supreme Court’s recent decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] All ER (D) 48 (Mar).

As is well-known, before a landlord of residential premises can recover as service charge the costs of “qualifying works” or costs under a “qualifying long term agreement”, the landlord must go through a process of consulting with the (long) leaseholders. It is a fairly complicated process that statute prescribes and often mistakes are made. The consequences of not complying with the consultation requirements can be severe—a restriction on the amount recoverable from each tenant to £250 in the case of qualifying works and £100 per year in the case of qualifying long term agreements. A landlord who has not fully complied with the requirements can, however, apply to the leasehold valuation tribunal (LVT) for retrospective dispensation from compliance with them. It was the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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