- Guidance on conditions for dispensing with service charge consultation (Aster Communities v Chapman and others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property analysis: The Upper Tribunal (UT) has examined the exercise of the discretion to impose conditions when dispensing with service charge consultation requirements (section 20ZA of the Landlord and Tenant Act 1985 (LTA 1985)). A tenant can discharge the factual burden of showing prejudice without calling any evidence. A tenant should not be required to prove that the proposed works are inappropriate or too expensive before the First-tier Tribunal (FTT) imposes conditions, otherwise the process of dispensation would be frustrated. A condition requiring the landlord to pay the tenant a sum of money is not limited to expenses already incurred in investigating the dispensation application, but can cover future expenses (for instance, an expert’s fees). Written by Joshua Dubin, barrister, at 3PB Barristers.
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