000 01581cad a22002295a 4500
001 L152844
008 110505e20110128xxk 000 0 eng d
035 _a(Sirsi) u152844
041 0 _aeng
245 0 0 _aDaejan Investments Ltd v Benson and ors
260 _c2011
520 _a[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.
590 _aKA
650 2 4 _aLANDLORD AND TENANT ACT 1985
650 2 4 _aDAEJAN INVESTMENTS LTD V BENSON
650 2 4 _aMAJORSTAKE LTD V CURTIS
650 2 4 _aPADDINGTON BASIN DEVELOPMENTS LTD AND ANOTHER V WEST END QUAY ESTATE MANAGEMENT LTD AND ANOTHER
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2011/38.html
_zView the law report free of charge at www.bailii.org
942 _n0
999 _c83115
_d83115