20th September 2016
In 23 Dollis Avenue (1998) Ltd v Vejdani [2016] UKUT 0365, Brynmor Adams successfully represented the Appellant management company in an appeal to the Upper Tribunal (Lands Chamber) in relation to the application of the consultation requirements to on-account demands for service charges. The decision established a point of law of potentially wide significance for residential landlords: the statutory consultation requirements under s. 20 of the Landlord and Tenant Act 1985 do not prevent on account demands for service charges being payable. The Upper Tribunal set aside the First-Tier Tribunal’s decision and redetermined the application itself, substantially upholding the Appellant’s service charge demand as reasonable and payable.
A report of the decision appears on the Upper Tribunal’s website here.
If you or your client needs advice on consultation for major works, or any service charge or leasehold dilemma, Brynmor is available to give clear and practical advice.