The world of residential property management is still trying to find its feet following the two landmark legal decisions in recent months.
The High Court decision in Phillips & Goddard v Francis has the potential to throw the currently accepted principals of S20 on its head however how this should be treated by managing agents is not definitive at present. (17 Jan 2013)
Another landmark Court of Appeal decision was reported under Daejan v Benson only weeks later. On 28th January 2011 the Court of Appeal delivered judgment in Daejan Investments Ltd v Benson and others. In dismissing the appeal the Court considered how a Leasehold Valuation Tribunal should approach an application to dispense with statutory consultation under the Landlord and Tenant Act 1985 and provided important guidance.
Both the Phillips & Goddard v Francis and Daejan v Benson decisions are likely to have a significant impact on how Section 20 consultation is treated however more time is needed to fully realise the implications of both of the above cases.
