Eltham Properties Ltd v Kenny & Ors [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 145985-1001 |
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.