Property key future developments tracker—2021 archive
Property key future developments tracker—2021 archive

The following Property practice note provides comprehensive and up to date legal information covering:

  • Property key future developments tracker—2021 archive
  • Appeal cases
  • Bills
  • Consultations and papers

Property key future developments tracker—2021 archive

Appeal cases

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Residential service charge — dispensation from consultation requirements
Aster Communities v Chapman and others [2021] EWCA Civ 660
The Court of Appeal handed down judgment on 7 May 2021.The Court of Appeal re-stated the breadth of the power to impose conditions when granting dispensation from consultation requirements, so long as such conditions are appropriate in their nature and effect.
A condition may compensate tenants prospectively, for costs yet to be incurred, particularly where the relevant issue could not have been determined in the application. A condition requiring the landlord to pay the tenants’ costs of the application is not only the price of the court’s indulgence, but is the more likely outcome where any other condition is imposed. A tribunal is entitled to find that tenants would have acted differently (ie establish relevant prejudice) even if no tenant argued the issue of defective consultation, or that no tenant made observations on the relevant item of work.
The decision also reinforces the sympathetic, but realistic, approach that tribunals should take to tenants’ responses to such applications. Where one tenant establishes prejudice, all tenants affected by the prejudice are entitled to the benefit of the same condition.
See News Analysis: Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman

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