BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC 2169 (Ch) (15 July 2013)

BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC 2169 (Ch) (15 July 2013)

Section 20 of the Landlord and Tenant Act 1985 does not apply to long term agreements entered into before there are any tenants or before buildings are constructed, as the statutory language does not extend 'the landlord' to include future or prospective landlords. The consultation requirements are therefore...

Source-derived case information.

Citation
[2013] EWHC 2169 (Ch)
Parties
Claimant: BDW Trading Limited; Claimant: Comet Square Phase 2 Block Management Co Ltd; Defendant: South Anglia Housing Ltd
Jurisdiction
England and Wales
Judgment Date
15 July 2013
Procedural Posture
Chancery Division Service Charge Dispute / Judgment After Full Hearing
Outcome
Claimants succeed; declaration granted that consultation requirements do not apply.
Legal Topics
Service Charges, Consultation Requirements, Qualifying Long Term Agreements, Statutory Interpretation
Property Law Landlord and Tenant Service Charges Consultation Requirements Qualifying Long Term Agreements Statutory Interpretation

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Parties

BDW Trading Limited

Claimant

Comet Square Phase 2 Block Management Co Ltd

Claimant

South Anglia Housing Ltd

Defendant

Procedural Posture

Chancery Division Service Charge Dispute / Judgment After Full Hearing

Legal Issues

  1. 1 Does section 20 of the Landlord and Tenant Act 1985 apply to long term agreements entered into before any tenants exist or before buildings are constructed?
  2. 2 Is the definition of 'the landlord' in section 20ZA intended to include future or prospective landlords?

Ratio Decidendi

Section 20 of the Landlord and Tenant Act 1985 does not apply to long term agreements entered into before there are any tenants or before buildings are constructed, as the statutory language does not extend 'the landlord' to include future or prospective landlords. The consultation requirements are therefore inapplicable in such circumstances.

Court Disposition

Claimants succeed; declaration granted that consultation requirements do not apply.

Orders

  • Declaration that the consultation requirements of the Landlord and Tenant Act 1985 do not apply to the agreement in question.