Phillips and another v Francis and another (Secretary of State for Communities and Local Government)

Landlord and tenant – Service charge. The proceedings concerned the claimant lessees' liability to pay the service charges claimed by the defendant lessors. The Chancery Division had held, inter alia, that the correct approach to whether s 20 of the Landlord and Tenant Act 1985 required a landlord to consult on qualifying works was to aggregate all works in any given year, without division into separate sets of qualifying works (the aggregating approach). The Court of Appeal, Civil Division, in allowing the lessors' appeal in part as to the qualifying works issue, held that the aggregating approach was wrong and would give rise to serious practical problems.

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