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Consultation of tenants
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Section Contents
Construction of the lease
Statutory control - reasonableness
Service charge demands
Administration charges
Summary of leaseholder's rights
Insurance
Managing agents
Reserve funds
The 18-month rule
Consultation of tenants
Compromise of service charge dispute
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Print Version
Current page
Consultation of tenants
Introduction
Section 20
and the subsequent sections of the Landlord and Tenant Act 1985 (as amended)
contain detailed provisions requiring the landlord to carry out consultations with the tenants when planning to carry out major works.
These are supplemented by the
Service Charges (Consultation Requirements) (England) Regulations 2003
;
The Service Charges (Consultation Requirements) (Amendment) (No. 2) (England) Regulations 2004
. For the Welsh regulations click
here
The consultation requirements in respect of qualifying long-term agreements do not apply to agreements entered into in relation to buildings which have
not yet been constructed
or which are
not let
at the time of the agreement. (
BDW Trading Ltd v South Anglia Housing Ltd
).
This page deals with the following matters relating to service of consultation notices:
An important decision on the meaning of "qualifying works" - does this term relate to a particular set of works or all the works?
Services of notices - the date in the notice for the end of the consultation period - proper address of tenant - landlord' address for observations - time limit for doing the works.
A major Supreme Court decision concerned with dispensation of the requirement to consult.
Description of the works
Repair notices
Southern Land Securities Ltd v Hodge
[2013] UKUT 480 (LC)
Summary
Whether a notice in relation to the consultation process undertaken by a landlord in respect of proposed works sufficiently describes the works proposed is a question of fact and degree to be determined in the circumstances of each case.
Facts
The landlord (L) served a notice starting the consultation process in connection with s20 Landlord and Tenant Act 1985 (stage 1 notice) on each of the tenants (Ts) notifying them of their in
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