News & Publications: Landlord & Tenant

Residential leasehold properties – clarification on the consultation requirements for qualifying works

September 16th, 2013

Phillips v Francis [2012] EWHC 3650 (Ch) This recent decision in the High Court updates the law on the consultation requirements for landlords on qualifying works for the purposes of Section 20 of the Landlord and Tenant Act 1985 (‘the Act’). Prior to this decision, it was considered that Section 20 of the Act only […]

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Daejan v Benson [2013] UKSC 14

September 7th, 2013

The recent decision in Daejan v Benson in the Supreme Court has established the scope of the Leasehold Valuation Tribunal’s (LVT) jurisdiction to dispense with the consultation requirements under section 20(1) of the Landlord and Tenant Act 1985 (the Act) and set the principles on how that jurisdiction should be exercised. Under the Act, a […]

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Important ruling on tenancy deposits in the Court of Appeal

July 17th, 2013

On 14 June 2013, the Court of Appeal handed down an important decision in Superstrike Limited v Marino Rodrigues [2013] clarifying the position in respect of deposits held on tenancy agreements pre-dating 6 April 2007, but which have subsequently become periodic tenancies. This case concerned a tenancy agreement granted by the landlord for a period […]

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An update on service charge and financial hardship

October 8th, 2012

Can a Leaseholder dispute service charge on the grounds of financial hardship? A commentary on the decision in Garside and another v RFYC Limited and another [2011] UKUT 367 (LC) by Ranjeet Johal. This case looks at whether the financial impact of major works on lessees can be a material consideration when deciding whether the […]

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