Tag Archives: Landlord and Tenant Act 1985

OM Property Management Ltd v Burr: Liability has to crystallise before it becomes a cost

Regular readers of my blog will recall that I wrote an article last year on the Upper Tribunal case of OM Property Management Ltd v Burr which gave guidance upon what is known as the 18 month service charge rule … Continue reading

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Daejan Investments Ltd v Benson : The last word on dispensation

The recent Supreme Court judgment in the case of Daejan Investments Ltd v Benson has been extensively reported in the last month. Some say it is a welcome breath of common sense but others believe that the Supreme Court has … Continue reading

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Section 20: Project by Project or Year by Year?

While most of us were preparing for Christmas dinner, the Chancellor of the High Court was handing down judgment in the case of Phillips and Goddard v Francis and Francis, a decision that has caused quite a stir in the … Continue reading

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Daejan Investments Ltd v Benson and others: The submissions are in….

Yesterday saw the hearing in front of the Supreme Court of the long running Daejan Invetsments Ltd v Benson and others litigation.  The building work to Queens Mansions in Muswell Hill started in October 2006 and more than six years … Continue reading

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Qualifying Long Term Agreements: is the agreement “intended” to last in excess of 12 months?

Residential long leaseholders, landlords and managing agents are generally well aware that under the section 20 of the Landord and Tenant Act 1985 there is a consultation procedure for items of major works where the cost to any single leaseholder … Continue reading

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Daejan Invetsments Ltd v Benson and others hearing moves closer

It is now only 3 weeks until the Supreme Court hears the final appeal in the long running Daejan v Benson litigation which should provide some more certainty over the circumstances in which a landlord will be given dispensation to … Continue reading

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Do I have to pay the landlord’s legal costs?

A vexed question for leaseholders contemplating issuing Leasehold Valuation Tribunal proceedings is whether or not their landlord will be able to charge them for the legal costs it will go on to incur in the proceedings.  Costs provisions in leases are … Continue reading

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Should major works be phased to spread the cost for leaseholders?

I have been writing about a few Upper Chamber (Lands Tribunal) cases recently and I am going to keep with that trend as we go into October!  A recent decision has shed some light on what factors the Leasehold Valuation … Continue reading

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The 18 Month Rule – Getting it right

Section 20B of the Landlord and Tenant Act 1985 is part of the statutory regime for the control of residential service charges.  In short it obliges a landlord to make its service charge demands within 18 months of the expenditure … Continue reading

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Daejan Investments Ltd v Benson and others is going to the Supreme Court

You may recall the case of Daejan Investments Ltd v Benson and others which was decided earlier this year, where a failure to follow the section 20 consultation procedure to the letter of the law resulted in the landlord having … Continue reading

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