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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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