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BIRMINGHAM COUNCIL v KEDDIE [2012] UKUT 323 (LC) Crosspite Ltd v Sachdev [2012] UKUT 321 (LC): Consultation Process Not Curtailed

Summary: (1)
A stage 2 consultation notice which notified the tenants of the landlord’s intention to instruct its preferred contractor was merely notice of a provisional intention so that the lessees were not put off from making observations. In the circumstances, the consultation process had not been curtailed. (2) It is not essential to specify the date on which the relevant consultation period ends, it is sufficient if the date is made clear (in this case by specifying the number of days from the notice by which the lessees had to respond).

In these cases HHJ Gerald makes it clear that LVTs do not have jurisdiction to determine issues not identified by the parties (in their statements of case). In exceptional cases, it may be appropriate for the LVT to raise issues not raised by the parties but which fall within the broad scope of the application, not something which arises outside it. In those cases, the LVT must give the parties a fair opportunity to deal with the issue.

 

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