Martin & Anor v Maryland Estates Ltd [1999] EWCA Civ 3049 (26 April 1999)

Martin & Anor v Maryland Estates Ltd [1999] EWCA Civ 3049 (26 April 1999)

A landlord cannot be regarded as having acted reasonably under section 20(9) where there is a deliberate decision not to consult or communicate with tenants regarding substantial additional works, even if the tenants have previously been uncooperative. The £1,000 statutory limit applies to the whole works under one contract, not separately to additional works, where the works are treated as a variation of the original contract.

Citation
[1999] EWCA Civ 3049
Parties
Claimant/respondent: Charlotte Martin; Claimant/respondent: Jonathan Seale; Defendant/appellant: Maryland Estates Limited
Jurisdiction
England and Wales
Judgment Date
26 April 1999
Procedural Posture
Landlord and Tenant Appeal / Appeal From Clerkenwell County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service Charges, Statutory Consultation Requirements, Reasonableness of Expenditure, Section 20 Landlord and Tenant Act 1985, Leasehold Repairs, Dispensation From Statutory Requirements
Landlord and Tenant Property Law Civil Procedure Service Charges Statutory Consultation Requirements Reasonableness of Expenditure Section 20 Landlord and Tenant Act 1985 Leasehold Repairs +1 more

Case Brief

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Parties

Charlotte Martin

Claimant/respondent

Jonathan Seale

Claimant/respondent

Maryland Estates Limited

Defendant/appellant

Procedural Posture

Landlord and Tenant Appeal / Appeal From Clerkenwell County Court to Court of Appeal

Legal Issues

  1. 1 Whether the landlord acted reasonably so as to justify dispensation from statutory consultation requirements under section 20(9) of the Landlord and Tenant Act 1985 for additional works
  2. 2 Whether the £1,000 statutory limit under section 20(3) applies to the whole works or can be applied separately to additional works

Ratio Decidendi

A landlord cannot be regarded as having acted reasonably under section 20(9) where there is a deliberate decision not to consult or communicate with tenants regarding substantial additional works, even if the tenants have previously been uncooperative. The £1,000 statutory limit applies to the whole works under one contract, not separately to additional works, where the works are treated as a variation of the original contract.

Court Disposition

Appeal dismissed

Orders

  • Legal Aid taxation of appellants' costs