In Oakfern v Ruddy  EWCA Civ the court of appeal decided that the consultation requirements under the Landlord and Tenant Act 1985 apply to mixed-use buildings. Where there is a head lease and there are flats held on subleases, who does the freeholder have to consult? Does it include the head tenant and or the flat leaseholders? Has the decision of the Supreme Court in Daejan v Benson  simplified any of the issues?
This is the subject of this lecture by Professor James Driscoll.
During this webinar Professor James Driscoll. will consider an almost a carbon copy of Oakfern v Ruddy in which the client is thinking of buying a freehold investment, and underneath that is a head lease (commercial & residential) and then about 25 individual flat tenants beneath that. Our client is horrified at the idea of having to consult the head tenant on effectively every item of service charge expenditure - almost everything will be over the £250/£100 threshold.
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