Block Management – Major Works Regime Ruling

A recent High Court ruling has caused more uncertainty and complexity in dealing with major works for leasehold schemes. A recent High Court decision in Phillips v Francis by Sir Andrew Morritt, the Chancellors of the High Court, has resulted in some considerable confusion when dealing with the existing major works regime for leasehold schemes. The ruling means that without appropriate dispensation, all qualifying works in a building are subject to consultation in advance if they will cost any flat owner more than £250. Previously, the accepted position under Section 20 of the Landlord & Tenant Act 1985 was that consultation was only required on a per project basis if the specified limitations were reached. The concern with this ruling is that it will cause unnecessary delays in dealing with daily maintenance works whilst managers have to wait for decisions before being able to carry out work. The decision is binding authority on the ... Read More