1/5 A win for leaseholders in the Court of Appeal. The Court held that the landlord paying for a leaseholder expert to consider whether major works can be done more cheaply is a permissible condition of granting dispensation from consultation.
https://twitter.com/LawandLease/status/1390704428135686144
2/5 Where works cost more than £250 per leaseholder or involve certain types of contracts the landlord is obliged to consult leaseholders. However this process can be bypassed by landlord application to the First-Tier Tribunal.
3/5 It has become custom since a 2013 Supreme Court decision that dispensation from consultation is granted on the condition that the landlord pays its own application costs. Here the leaseholders persuaded the Tribunal to add the extra condition of also paying for their expert.
4/5 Having the landlord pay for a leaseholder expert makes it easier to challenge the costs of the works and to identify cheaper alternatives before works are completed. It levels the playing field for leaseholders.
5/5 Landlord likely to try to appeal this to the Supreme Court. In the meantime, this decision is binding on Tribunals and *may* be of use in *some* cladding cases where the landlord seeks dispensation and there is doubt about whether all works are necessary. @LKPleasehold
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