Eltham Properties Ltd v Kenny & Ors (Record no. 109002)

MARC details
000 -LEADER
fixed length control field 01869cam a22002295a 4500
001 - CONTROL NUMBER
control field L145985
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 081128e20071203xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u145985
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Eltham Properties Ltd v Kenny & Ors
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. LRX/161/2006 3 December 2007. Appellant landlord (E) appealed against a decision of the leasehold valuation tribunal refusing to dispense with E's consultation requirements towards the three respondent tenants (K) under the Landlord and Tenant Act 1985. The lease stated that E was responsible for repairs and decoration and that K were liable for paying one fifth of the costs each. Although K did serve notice of the works, the S20 notice did not specify the defect leading to the works and the tribunal found that K's costs should not exceed £250 each as a result. Held: appeal allowed. in considering the application, the tribunal did not give fair consideration to whether or not it was reasonable to dispense with the consultation requirements. While the correct statutory test had been applied, the legislation had been applied as a punitive measure to punish the landlord. As E had been acknowledged as reasonable in all other matters by K, it was deemed reasonable to give dispensation from the consultation requirements where K had not suffered as a result.
521 ## - TARGET AUDIENCE NOTE
Target audience note Advanced
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ELTHAM PROPERTIES LTD V KENNY & OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1985
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SERVICE CHARGES (CONSULTATION REQUIREMENTS)(ENGLAND) REGULATIONS 2003
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.landstribunal.gov.uk/Aspx/view.aspx?id=475">https://www.landstribunal.gov.uk/Aspx/view.aspx?id=475</a>
Public note View the item free of charge online at www.landstribunal.gov.uk...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 28/11/2008   ONLINE PUBLICATION 145985-1001 06/08/2019 1 06/08/2019 Law report