Daejan Investments Ltd v Benson and others

The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. Among other provisions, s.20 limits to £250 the service charges that a leaseholder can be required to pay in respect, inter alia, of “qualifying works” (i.e. works to a building or other premises: s.20ZA(2), 1985 Act) unless the landlord has either: (i) consulted the tenant in the prescribed manner (Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987) (“the consultation regulations”) or, (ii) obtained dispensation from some or all of the consultation regulations from the Leasehold Valuation Tribunal (“LVT”) (s.20 and s.20ZA, 1985 Act). The LVT may dispense with any or all of the consultation regulations if it is reasonable to do so (s.20ZA(1), 1985 Act).