Aster Communities v Kerry Chapman & Ors [2021] EWCA Civ 660 (07 May 2021)

Aster Communities v Kerry Chapman & Ors [2021] EWCA Civ 660 (07 May 2021)

The Tribunal was entitled to find, based on evidence, that a tenant would have acted differently if the consultation had been proper, and that all tenants could benefit from the resulting prejudice. The Tribunal was also entitled to impose conditions requiring the landlord to pay for expert advice and legal costs, as the potential prejudice had not yet been addressed and the dispensation was granted on terms to remedy that prejudice.

Citation
[2021] EWCA Civ 660
Parties
Applicant/appellant: Aster Communities; Respondents: Kerry Chapman and other leaseholders of flats in Saxon Court, Stuart Court, Tudor Court and York Court, Kingsway Gardens, Andover
Jurisdiction
England and Wales
Judgment Date
07 May 2021
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal (lands Chamber)
Outcome
Appeal dismissed
Legal Topics
Service Charges, Consultation Requirements, Dispensation Under Landlord and Tenant Act 1985, Section 20 ZA Applications, Reasonableness of Service Charges
Landlord and Tenant Property Law Civil Procedure Service Charges Consultation Requirements Dispensation Under Landlord and Tenant Act 1985 Section 20 ZA Applications Reasonableness of Service Charges

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Parties

Aster Communities

Applicant/appellant

Kerry Chapman and other leaseholders of flats in Saxon Court, Stuart Court, Tudor Court and York Court, Kingsway Gardens, Andover

Respondents

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal was entitled to find that a tenant would have acted differently if proper consultation had occurred
  2. 2 Whether all tenants can benefit from prejudice suffered by one tenant in consultation process
  3. 3 Whether it was permissible for the Tribunal to impose conditions on dispensation, including payment of expert and legal costs

Ratio Decidendi

The Tribunal was entitled to find, based on evidence, that a tenant would have acted differently if the consultation had been proper, and that all tenants could benefit from the resulting prejudice. The Tribunal was also entitled to impose conditions requiring the landlord to pay for expert advice and legal costs, as the potential prejudice had not yet been addressed and the dispensation was granted on terms to remedy that prejudice.

Court Disposition

Appeal dismissed

Orders

  • Dispensation from consultation requirements granted to Aster Communities subject to conditions: (i) Aster to pay reasonable costs of an expert nominated by the lessees to advise on necessity of balcony asphalt replacement; (ii) Aster to pay respondents' reasonable costs of the dispensation application; (iii) Aster...