PHILLIPS V FRANCIS

ARMA welcomes the decision of the Court of Appeal to allow the appeal in the controversial case of Phillips & Goddard v Francis & Francis. Today’s judgement overturns the 2012 decision, which held that the cost of qualifying works was to be aggregated over a service charge year, with consultation to be carried out if the aggregated contribution exceeded £250 for any one leaseholder during that year.

In allowing the appeal, the Court of Appeal has reinstated the previous widely accepted regime in which a “sets approach” is taken i.e. section 20 consultation should be applied by reference to individual sets of qualifying works. Therefore, if a works project will cost any one leaseholder over £250 consultation must be carried out, but this financial threshold is once-again without reference to time periods or service charge years.

The Court of Appeal also gives guidance on what factors are to be taken into consideration in identifying a single set of qualifying works.

Latest

The TPI – Formerly ARMA and IRPM.

With a legacy of over fifty years’ experience in residential property management,...

Read More

DANIEL BURKINSHAWS SEAT AT COMPANIES HOUSE EVENT: DIRECTORS’ RESPONSIBILITY (FLAT MANAGEMENT)

Companies House hosted a free event in Brighton recently to help RMC...

Read More

ARMA IS MOVING!

They will be leaving their much-loved but definitely out-grown offices in Battersea...

Read More

GOVERNMENT ACKNOWLEDGES THAT ARMA-Q IS A FORCE FOR HIGHER STANDARDS

Managing agents’ trade body, ARMA, says the Government’s response to the Competition...

Read More

BBM ACHIEVES ACCREDITATION TO ARMA-Q STANDARDS

BBM are pleased to announce that they have achieved accreditation to ARMA-Q,...

Read More

PHILLIPS V FRANCIS

ARMA welcomes the decision of the Court of Appeal to allow the...

Read More