Results for "s.20B"

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The potential cost of dispensation from s.20 consultation

Those landlords, management companies, managing agents and leaseholders used to dealing with leasehold property will be all too aware of the need and process for consultation under section 20 Landlord and Tenant Act 1985 (“s.20”) ahead of contracting for major works (“qualifying works” , as defined…

Urgency is a reason, but not a pre-condition, for dispensation from s.20 Consultation

As lawyers advising landlords, managing agents, RMC and RTM companies, not a day goes by that we are not providing advice on the consultation requirements under Section 20 of the Landlord and Tenant Act 1985 (“the Act”) and the associated Regulations in relation to any qualifying works , qualifying…

When should you demand for major works costs?

As you will no doubt know, major works projects to a development will, in many cases, amount to ‘Qualifying Works’ as defined under section 20 Landlord and Tenant Act 1985 (“S.20”) and thus be subject to the need for compliance with the S.20 consultation process prior to their commencement. The…

Can the costs of running the Company be paid through the service charge?

This is a really common event and question and, fortuitously, a question that came before the Upper Tribunal recently. We reported at the end of March on the recent appeal decision in the Upper Tribunal case of Collingwood v Carillon House Eastbourne Ltd [2021] UKUT 246 (LC). The case decided two…

Dispensation from Section 20 Consultation - What is required to qualify as sufficient prejudice?

You will all no doubt be familiar with the obligation of a landlord/RMC/RTM to consult with leaseholders ahead of contracting for any major works or qualifying long term agreements, and will have seen our run of three articles here , here and here on the statutory processes to be followed to comply…

Dispensation and Section 20C Costs

In this Legal Update we focus on two cases that have a bearing on when dispensation might occur and how section 20C might adversely affect a landlord generally and in relation to even a successful dispensation claim. Dispensation - Aster Communities v Chapman and others [2020] UKUT 177 (LC) Where a…

Dispensation applications (Section 20 consultation) and what amounts to "relevant prejudice"

In Aster Communities v Chapman and others [2021] EWCA Civ 660 (“Aster”), (see full judgment here ) the Court of Appeal revisited the judgment handed down in Daejan Investments Ltd v Benson [2013] UKSC 14 (“Daejan”) and provided significant guidance on the approach to considering “some relevant…

Do you need to re-consult if you change contractor midway through major works?

It is, sadly, all too common that major works projects change once commenced or, as in the case in this Legal Update, the chosen contractor goes off job and a new contractor needs to be found to finish the job. In such circumstances do you need to re-consult? This question was considered in the…