The Weekly Law Reports
[2021] 4 WLR 74
Court of Appeal
Aster Communities
v
Chapman and others
[2021] EWCA Civ 660
2021 April 15; May 7
King, Newey, Phillips LJJ
Landlord and tenant— Covenant— Service charge— Tribunal finding landlord in breach of statutory requirement to consult with tenants before carrying out works— Landlord applying for dispensation from consultation requirements— One tenant giving evidence that she would have acted differently had consultation requirements been complied with— Tribunal finding “credible case of relevant prejudice” to all tenants— Tribunal granting dispensation on conditions removing prejudice— Whether tribunal erring in applying one tenant’s evidence of prejudice to other tenants— Whether incumbent on each tenant to demonstrate individual prejudice—
Landlord and Tenant Act 1985 (c 70), ss 18(1), 20(1), 20ZA(1)
[1]
—
Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987), Sch 4, Pt 2, para 4(5)
[1]
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