Court of Appeal
Aster Communities
v
Chapman and others
[2021] EWCA Civ 660
2021 April 15; May 7
King, Newey, Phillips LJJ
Landlord and tenantCovenantService chargeTribunal finding landlord in breach of statutory requirement to consult with tenants before carrying out worksLandlord applying for dispensation from consultation requirementsOne tenant giving evidence that she would have acted differently had consultation requirements been complied withTribunal finding “credible case of relevant prejudice” to all tenantsTribunal granting dispensation on conditions removing prejudiceWhether tribunal erring in applying one tenant’s evidence of prejudice to other tenantsWhether 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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