Landlords benefit as Supreme Court overturns service charge decision
On 6 March 2013, the Supreme Court delivered its eagerly anticipated judgment in Daejan Investments Ltd v Benson. The court overturned the earlier decisions of the Court of Appeal and the relevant tribunals and, in doing so, set out some of the key principles to be applied when considering applications for dispensation from statutory consultation with leaseholders in residential service charge cases.
Daejan gave notice to long leaseholders of a block of flats of its intention to carry out major works on the properties. Daejan sought to recover just under £280,000 from the tenants in relation to the works. The Leasehold Valuation Tribunal (LVT) found that Daejan had not complied properly with the consultation requirements under section 20ZA(1) of the Landlord and Tenant Act 1985 and accordingly reduced the tenants’ liability to £250 each…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court case of Jarden Solutions (Europe) Ltd v SEB SA concerned a dispute about deep fat fryers.
In order to be capable of registration under the Community Designs Regulation, a design must be ‘new’ and have ‘individual character’.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents