Phillips v Francis [2012] EWHC 3650 (Ch); [2014] EWCA Civ 1395 – Law Journals

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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Residential Service Charges: Where are we now?

Emma Gosling considers some recent cases ‘If you accept that it will be necessary to apply for dispensation from the consultation requirements, do so early before the lessees incur unnecessary costs which you could ultimately be held liable for.’ It has been an eventful year for residential service charge litigation. There have been a number …

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Case And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …

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Case Round-Up

Paul Tonkin summarises recent case law Notices served under the Party Wall Act are deemed to have been received when they would arrive in the normal course of post Freetown Ltd v Assethold Ltd [2012] Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall etc Act 1996 …

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Service Charge: A warning to landlords

A recent decision has extended a landlord’s duty to consult on proposed works. David Haines and Tanya Pinto explore the implications The effect of the judgment should now result in a prudent landlord considering consulting on all qualifying works, even in circumstances where the individual works themselves will equate to less than £250 per lessee. …

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