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18 February 2011

Limit on Service Charge Recovery

The Message: Landlords may not recover service charges for major works if they fail to consult properly with tenants.

The Case:  The Court of Appeal has held that landlords may suffer severe financial consequences if they undertake major works to residential properties without first complying with the statutory consultation procedure (Daejan Investments –v- Benson (28/1/2011).

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4 February 2011

Put this one down to experience

The message: Experienced businessmen receive little sympathy from the courts.

The case: The High Court has decided whether a guarantor can delay enforcement on the basis that payment was agreed to be deferred for five years (Spring Finance v HS Real Company, 20.01.11).

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