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17 April 2014 / Alexander Bastin
Issue: 7603 / Categories: Features , Landlord&tenant , Property
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The Benson paradigm

Alexander Bastin assesses the impact of Daejan Investments v Benson...a year on

The legislation governing the recovery of expenditure on residential leasehold property is a minefield for landlords and management companies. Until the Supreme Court’s decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] 2 All ER 375 one wrong step tip-toeing through the statutory consultation requirements for major works could preclude recovery of vast sums of money genuinely spent and in the absence of any proven loss to lessees. Benson is a paradigm of:

  1. how difficult the business of judging can be;
  2. how a party’s determination might, eventually, overturn judicial opposition; and
  3. judicial activism.

Daejan lost in the Leasehold Valuation Tribunal (LVT) (three members), lost in the Upper Tribunal (two members), lost in the Court of Appeal (three judges) and only managed a bare majority (3:2) in the Supreme Court. Of the 13 judges who considered the matter, only the correct three (at least so far as Daejan were concerned) found for the landlord and, in doing so, overturned an approach to dispensation applications weighted against landlords and applied

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Gateley Legal—Jack Kelly

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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