BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC 2169 (Ch)

Statutory Duties: The need to consult

Jeremy Stephen considers why s20 of the Landlord and Tenant Act 1987 is overdue for amendment ‘If BDW is correct, all a landlord need do to avoid an s20 consultation is to enter into all its service agreements before there are any tenants. This would clearly frustrate the purposes of s20 of the Act.’ Consultations …

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Residential Service Charge Consultation: Normal service resumed?

Douglas Rhodes reviews the Court of Appeal’s decision in Phillips v Francis regarding the extent of a landlord’s obligation to consult its tenants on major works ‘Unless the consultation requirements are complied with, the landlord’s service charges are capped at £250 per dwelling regardless of the overall cost of the works, unless dispensation is applied …

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Residential Service Charge Update: Section 20 consultation – where are we now?

Lynn James analyses the consultation and dispensation provisions in s20 and s20ZA in the context of some recent cases, and assesses what this means for landlords and managing agents ‘The controversial decision in Phillips v Francis means that should a landlord consider carrying out a number of separate items of work during the course of …

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Service Charges: No landlord equals no consultation!

Does a ‘landlord’ include a ‘future landlord’ under the consultation requirements in s20 of the Landlord and Tenant Act 1985? Sue Thompson considers a recent case bringing welcome clarity ‘As frequently highlighted in the plethora of decisions handed down by the courts and tribunals, the challenging field of residential service charges remains ever-evolving and complex.’ …

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