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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.
Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.
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The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
Professional Development Lawyer
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