header-logo header-logo

12 April 2013 / Daniel Gatty
Issue: 7555 / Categories: Features , Landlord&tenant , Property
printer mail-detail

The long game

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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll