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LANDLORD AND TENANT DAEJAN INVESTMENTS LTD v JACK BENSON & ORS

In the context of the recovery by a landlord of service charges, the court considered the width and flexibility of the leasehold valuation tribunal’s jurisdiction under the Landlord and Tenant Act 1985 s.20ZA(1) to dispense with the consultation requirements set out in the Service Charges (Consultation Requirements) (England) Regulations 2003 Sch.4 Pt 2, and the principles upon which that jurisdiction was to be exercised.

8 March 2013

6 March 2013

[2013] UKSC 14

SC – Lord Neuberger (President), Lord Hope (Deputy President), Lord Clarke JSC, Lord Wilson JSC, Lord Sumption JSC

The appellant landlord (D) appealed against a decision ( [2011] EWCA Civ 38) upholding a leasehold valuation tribunal’s refusal to grant it dispensation under the Landlord and Tenant Act 1985 s.20ZA(1) from compliance with the Service Charges (Consultation Requirements) (England) Regulations 2003 Sch.4 Pt 2.

D owned a block of flats. B held five of the flats on long leases which obliged D to provide certain services, and obliged B to pay a proportion of the cost of providing them. In compliance with the first two stages of the consultation requirements in Sch.4 Pt 2 of the Regulations, D notified B that it intended to carry out works to the buil...

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