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OM Property Management Ltd [2014] UKUT 9: Breaches Of Consultation Requirements Do Not Cause Prejudice

Summary: Two breaches of the consultation requirements had not caused lessees to suffer any relevant prejudice in respect of the scope or cost of the major works.  Accordingly, dispensation was granted on condition that (i) the landlord pays the cost of instructing counsel incurred by the leaseholders who participated in the proceedings before the LVT on the landlord’s application for dispensation; and (ii) the landlord shall not include in the service charge its costs of the appeal or its application for dispensation.

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