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Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point

Language: English Publication details: [2023] UKUT 271 (LC) Upper Tribunal (Lands Chamber), 13 November 2023Subject(s): Online resources: Summary: The costs of an application by a landlord to dispense with the consultation requirements in the Landlord and Tenant Act 1985 s.20 fell within the scope of the Building Safety Act 2022 Sch.8 para.9. As from the date on which Sch.8 para.9 came into force, such costs were therefore not recoverable, through the service charge, from leaseholders who held qualifying leases. That was so irrespective of when the costs were incurred or when the service charge became payable.
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The costs of an application by a landlord to dispense with the consultation requirements in the Landlord and Tenant Act 1985 s.20 fell within the scope of the Building Safety Act 2022 Sch.8 para.9. As from the date on which Sch.8 para.9 came into force, such costs were therefore not recoverable, through the service charge, from leaseholders who held qualifying leases. That was so irrespective of when the costs were incurred or when the service charge became payable.