£270k Major Works Goes To Supreme Court

The Supreme Court is soon due to hear an appeal in the landmark case of Daejan v Benson. The case focusses on a small block of flats called Queens Mansions in Muswell Hill, North London, owned by Daejan Investments Ltd. The point of law in dispute concerns the dispensation requirements under Section 20ZA(1) of the Landlord and Tenant Act 1985. The flat owners successfully challenged the landlord’s attempt to seek dispensation from properly consulting with them regarding major works in the building. This meant the Landlord was unable to recover £270,000 from the flat owners for the works, and their financial exposure was capped at £250 each. The Landlord’s case was unsuccessful before both the LVT and the Court of Appeal, where the flat owners were represented by Philip Rainey QC and James Fieldsend of Tanfield Chambers.