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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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