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Consultation of tenants
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Consultation of tenants

Introduction

Section 20 and the subsequent sections of the Landlord and Tenant Act 1985 (as amended) contain detailed provisions requiring the landlord to carry out consultations with the tenants when planning to carry out major works.

These are supplemented by the Service Charges (Consultation Requirements) (England) Regulations 2003; The Service Charges (Consultation Requirements) (Amendment) (No. 2) (England) Regulations 2004. For the Welsh regulations click here

The consultation requirements in respect of qualifying long-term agreements do not apply to agreements entered into in relation to buildings which have not yet been constructed or which are not let at the time of the agreement. (BDW Trading Ltd v South Anglia Housing Ltd ).

This page deals with the following matters relating to service of consultation notices:
  • An important decision on the meaning of "qualifying works" - does this term relate to a particular set of works or all the works?
  • Services of notices - the date in the notice for the end of the consultation period - proper address of tenant - landlord' address for observations - time limit for doing the works.
  • A major Supreme Court decision concerned with dispensation of the requirement to consult.
Description of the works

Repair notices

Southern Land Securities Ltd v Hodge
[2013] UKUT 480 (LC)

Summary

Whether a notice in relation to the consultation process undertaken by a landlord in respect of proposed works sufficiently describes the works proposed is a question of fact and degree to be determined in the circumstances of each case.

Facts

The landlord (L) served a notice starting the consultation process in connection with s20 Landlord and Tenant Act 1985 (stage 1 notice) on each of the tenants (Ts) notifying them of their in ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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