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Daejan Investments Ltd v Benson and ors

Language: English Publication details: 2011Subject(s): Online resources: Summary: [2011] EWCA Civ 38, 28 January 2011. Landlords may not recover service charges for major works if they do not comply with the statutory consultation procedure. Appellant (D) is the landlord of seven flats in Muswell Hill, five of which pay charges. These five tenants challenged their liability to contribute more than £250 each to the costs of the major works carried out by D's contractor. Both the Leasehold Valuation Tribunal and the Upper Tribunal refused D dispensation because of its serious failings in the consultation process. D appealed. "Held": Appeal dismissed. The integrity of the consultation procedure is sacrosanct and D had contravened this process. D could not recover more than £250 from each tenant.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 152844-2001

[2011] EWCA Civ 38, 28 January 2011. Landlords may not recover service charges for major works if they do not comply with the statutory consultation procedure. Appellant (D) is the landlord of seven flats in Muswell Hill, five of which pay charges. These five tenants challenged their liability to contribute more than £250 each to the costs of the major works carried out by D's contractor. Both the Leasehold Valuation Tribunal and the Upper Tribunal refused D dispensation because of its serious failings in the consultation process. D appealed. "Held": Appeal dismissed. The integrity of the consultation procedure is sacrosanct and D had contravened this process. D could not recover more than £250 from each tenant.