BDW Trading Ltd & Anor v South Anglia Housing Ltd
The consultation requirements of section 20 of the Landlord and Tenant Act 1985 do not apply to long term agreements entered into before any tenants exist, as the statutory language does not extend to future or prospective landlords and there is no basis for stretching its meaning.
- 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
- Civil / Judgment After Hearing
- Outcome
- Claim allowed
- Legal Topics
- Service Charges, Consultation Requirements, Qualifying Long Term Agreements, Statutory Interpretation
Case Brief
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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
Civil / Judgment After Hearing
Legal Issues
- 1 Does section 20 of the Landlord and Tenant Act 1985 apply to long term agreements entered into before any tenants exist?
- 2 Is the owner required to consult non-existent tenants or seek dispensation from the LVT for such agreements?
Ratio Decidendi
The consultation requirements of section 20 of the Landlord and Tenant Act 1985 do not apply to long term agreements entered into before any tenants exist, as the statutory language does not extend to future or prospective landlords and there is no basis for stretching its meaning.
Court Disposition
Claim allowed
Orders
- Declaration that the consultation requirements of the Act do not apply to the agreement in question
Full Case Text
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