Aster Communities v Kerry Chapman & Ors

Aster Communities v Kerry Chapman & Ors

The FTT was entitled to find that a tenant would have acted differently if the notice of intention had referred to the balcony works, and that all tenants could benefit from conditions imposed to address the resulting prejudice. The FTT had discretion to impose conditions requiring the landlord to pay for an expert report and tenants' costs as terms of dispensation, given the circumstances and the ongoing potential for prejudice to be addressed in future proceedings.

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
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Service Charges, Statutory Consultation Requirements, Dispensation From Consultation, Section 20 ZA Landlord and Tenant Act 1985, Costs of Proceedings
Landlord and Tenant Law Property Law Service Charges Statutory Consultation Requirements Dispensation From Consultation Section 20 ZA Landlord and Tenant Act 1985 Costs of Proceedings

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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

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether the First-tier Tribunal was wrong to conclude that a tenant would have acted differently if the notice of intention had referred to replacement of balcony asphalt
  2. 2 Whether all tenants can rely on the prejudice suffered by one tenant for purposes of conditional dispensation
  3. 3 Whether it was permissible for the Tribunal to impose conditions requiring the landlord to pay for an expert report and tenants' costs as a term of dispensation

Ratio Decidendi

The FTT was entitled to find that a tenant would have acted differently if the notice of intention had referred to the balcony works, and that all tenants could benefit from conditions imposed to address the resulting prejudice. The FTT had discretion to impose conditions requiring the landlord to pay for an expert report and tenants' costs as terms of dispensation, given the circumstances and the ongoing potential for prejudice to be addressed in future proceedings.

Court Disposition

appeal dismissed

Orders

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