Section 20: Are the consultation requirements “woolly”?

Section 20 of the Landlord and Tenant Act 1985 imposes a limit on the service charges that can be demanded from lessees in respect of “qualifying works” unless the landlord undertakes a consultation process, or obtains dispensation from consultation. The Service Charges (Consultation Requirements) (England) Regulations 2003 set out the [...]

When is a management agreement a qualifying long term agreement?

It’s a feature of the relationship between a managing agent and their client that a management agreement exists between the parties.  And one of the features of the management agreement will be the term.  The agreement will (or at least should) set down how long it’s going to last. And [...]

By |2021-06-29T22:17:08+01:0029 December 2020|Blogs, section 20, service charges|0 Comments

Phillips v Francis: common sense restored

The decision of the Chancellor of the High Court in Phillips v Francis left the property management world rather shell shocked. Prior to Phillips v Francis the leading authority on qualifying works was Martin v Maryland Estates [1999] 2 EGLR 53.  In that case, the Court of Appeal held that, [...]

By |2021-06-29T21:09:11+01:0027 November 2020|Blogs, section 20, service charges|0 Comments
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