Weekly review: 4th – 8th March 2013

Leases: Service Charges: Landlord and Tenant Act 1985 (England): consultation

A dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985 should be available where the extent, quality and cost of the works were not affected by a failure to comply with the requirements. The question is whether the tenants suffered real prejudice as a result of the breach. The leasehold valuation tribunal can grant a dispensation on such terms as it sees fit provided they are appropriate in their nature and extent. It is legitimate to require the landlord to pay the costs incurred by the tenant in opposing an application for dispensation. The onus would be on the tenant to show some ‘relevant ‘ prejudice (Daejan Investments Ltd v Benson).

Loan agreement: death

The debtor’s liability under a loan agreement does not end on death and the creditor can claim against the estate (Lam Ching Sheung v P.R. of the Estate of Tam Shui).

Proprietary estoppel: statutory time limit

Proprietary estoppel is not available to prevent a tenant from pleading that a statutory notice was served out of time by a landlord (Newport City Council v Charles).

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