Consultation Requirements

Qualifying long term agreements; Consultation Jun 7, 2010: Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd [2010] EWHC 833 (Ch), concerns the definition of “qualifying long term agreement” (QLTA) in ss.20 and 20ZA, Landlord and Tenant Act 1985. In outline, if a landlord under a long lease enters into a QLTA without having first complied with the various consultation requirements (Service Charge (Consultation Requirements) (England) Regulations 2003) or obtained dispensation from the LVT, then the recoverable service charges are capped at £100 per tenant in any accounting period.

Daejan Investments Ltd v Benson Podcast - Members Jan 11, 2010: In this podcast Justin Bates and Nicolas Shulman discuss the case of Daejan Investments Ltd v Benson which is a case about section 20 consultation requirements.

Daejan Investments Ltd v Benson Podcast - Public Jan 11, 2010: In this podcast Justin Bates and Nicolas Shulman discuss the case of Daejan Investments Ltd v Benson which is a case about section 20 consultation requirements.

Daejan Investments Ltd v Benson and others Dec 22, 2009: If a landlord under a residential long lease wants to carry out works (or enter into qualifying long term agreements) in respect of which he will require leaseholders to contribute to via their service charges, then, by s.20 Landlord and Tenant Act 1985 and the regulations made thereunder, he will not be allowed to recover more than £250 per tenant (in the case of works) or £100 per tenant (in the case of a qualifying long term agreement, as service contracts are called in this context) unless he has either complied with the consultation requirements or has obtained dispensation from some or all of those requirements from an LVT (s.20ZA, 1985 Act).

Consultation documents - Right to Manage companies Jul 21, 2009: The Government is consulting on possible changes to the Articles of Association and Memorandum for Right to Manage (RTM) companies.

Consultation documents Jun 22, 2009: The Leasehold Reform, Housing and Urban Development Act 1993 permits – in general terms – leaseholder owners of flats in building to “collectively enfranchise” and force the freeholder to convey the freehold of the building to a nominee purchaser, normally a company formed by the leaseholders for this purpose. One of the (many) weaknesses in the 1993 Act is that it is possible for an otherwise qualifying leaseholder to be excluded from the enfranchisement process by other leaseholders.

London Borough of Camden v The leaseholders of 37 flats at Grafton Way Jul 17, 2008: The London Borough of Camden (“Camden”) embarked on a major works project to inter alia, properties on Grafton Way. he works were such as to require Camden to consult the leaseholders in accordance with the provisions of s.20 Landlord and Tenant Act 1985 (as amended). Camden failed to comply with the consultation requirements.

Auger and others v London Borough of Camden May 2, 2008: Camden had applied to the LVT seeking an order under s.20ZA Landlord and Tenant Act 1985permitting them to dispense with various aspects of the Service Charges (Consultation Requirements) (England) Regulations 2003. wished to enter into a “Partnering Agreement” and a “Framework Agreement.”

Eltham Properties Limited v Kenny and others Jan 22, 2008: In the course of a service charge dispute before the LVT, the respondents had argued that the appellant had not complied with the consultation provisions contained in s.20 Landlord and Tenant Act 1985...

Re: Blocks 5-15, 17-28, 29-40, 41-52 Carters Close Apr 24, 2007: The applicant was a representative of the tenantâ€™s management company. It sought dispensation from the provisions of the consultation requirements contained in s.20 Landlord and Tenant Act 1985 to arrange for the removal and disposal of asbestos insulation from various blocks of flats on the estate.

Hadayah v London Borough of Camden Oct 20, 2006: The applicant challenged his liability for service charges based on a major works scheme. He contended that he had not received a s.20 Landlord and Tenant Act 1985 notice.

Circle Anglia v 7071 rented properties owned by Circle Anglia Sep 25, 2006: The applicant intended to enter into a contract for the supply of electricity and gas to its properties. The tendering process was a rapid one, with the result that the applicant could not comply with the s.20 Landlord and Tenant Act 1985 process, as the suppliers were not prepared to wait whilst that process was completed.

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