000			01869cam a22002295a 4500
001			L145985
008			081128e20071203xxk f v 000 0 eng d
035			_a(Sirsi) u145985
041	0		_aeng
245	0	0	_aEltham Properties Ltd v Kenny & Ors _h[electronic resource]
260			_c2007
520			_aLRX/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			_aAdvanced
590			_aKA
650	2	4	_aELTHAM PROPERTIES LTD V KENNY & OTHERS
650	2	4	_aLANDLORD AND TENANT ACT 1985
650	2	4	_aSERVICE CHARGES (CONSULTATION REQUIREMENTS)(ENGLAND) REGULATIONS 2003
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT
856	4	0	_uhttps://www.landstribunal.gov.uk/Aspx/view.aspx?id=475 _zView the item free of charge online at www.landstribunal.gov.uk...
942			_n0
999			_c109002 _d109002