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The Supreme Court has granted a landlord dispensation from the service charge consultation requirements (the ‘Requirements’) contained in the Landlord and Tenant Act 1985.
Under this Act, unless dispensation is granted, a residential landlord who fails to comply with the Requirements cannot recover more than £250 from each tenant. In this case, although the cost of the works was £280,000, the landlord could not have recovered more than £1,250 (five tenants paying £250).
The landlord’s failure was that it only provided the tenants with a priced specification for one of the two tenders it obtained. The Supreme Court dispensed with the Requirements and reduced the tenants’ liability by just £50,000. Its reasoning was that the landlord’s failure to comply caused no significant prejudice to the tenants (they just lost the chance to make a case for proceeding with the other tender).
This surprising decision seems to “drive a coach and horses” through the statutory service charge protection available to residential tenants.
Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.
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The University of Edinburgh has been fined £10,000 for allowing animal research workers to be exposed to laboratory animal allergens “LAA”.
When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.
The gender pay gap continues to make headlines but disparities in pay for disabled workers is given significantly less attention.
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