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The long game

12 April 2013 / Daniel Gatty
Issue: 7555 / Categories: Features , Landlord&tenant , Property
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Daniel Gatty reports on some recent good news for landlords

Landlords of blocks of flats let on long leases can sleep more peaceably in their beds as a result of the Supreme Court’s recent decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] All ER (D) 48 (Mar).

As is well-known, before a landlord of residential premises can recover as service charge the costs of “qualifying works” or costs under a “qualifying long term agreement”, the landlord must go through a process of consulting with the (long) leaseholders. It is a fairly complicated process that statute prescribes and often mistakes are made. The consequences of not complying with the consultation requirements can be severe—a restriction on the amount recoverable from each tenant to £250 in the case of qualifying works and £100 per year in the case of qualifying long term agreements. A landlord who has not fully complied with the requirements can, however, apply to the leasehold valuation tribunal (LVT) for retrospective dispensation from compliance with them. It was the

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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