Tag Archives: section 20

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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Phillips and Goddard v Francis: The end of the road?

I wrote a blog earlier this year about the case involving Point Curlew holiday park in Cornwall where the tenants succeeded in a claim against their landlord concerning the proper interpretation of section 20 of the Landlord and Tenant Act … 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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Daejan Investments Ltd -v- Benson: The landlord prevails…..

The Supreme Court has handed down judgment in the long awaited Daejan Investments Ltd v Benson and others section 20 dispensation appeal and found in favour of the landlord by a majority of 3 to 2.   The case was typical … 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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