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Fri 02 Aug 2013

JPC Law - BDW Trading Ltd v South Anglia Housing: Section 20 Consultation

JPC Law - BDW Trading Ltd v South Anglia Housing: Section 20 Consultation

Section 20 of the Landlord and Tenant Act 1985 (LTA) requires landlords to consult with leaseholders on any “qualifying works or qualifying long term agreement”. The law had, until recently been unclear regarding the requirement to consult on “qualifying long term agreements” which was becoming increasingly difficult for developers in light of the governments push towards on-site Combined Heat and Power provision.

On 15 July 2013, the High Court ruling in BDW Trading Limited v South Anglia Housing Limited found that there is no requirement to consult on qualifying long term agreements where the agreement was entered into before the building is constructed or let.

For full details on the implications of this ruling, please click here  for further details.

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