Cameron Marshall v Northumberland & Durham Property Trust Limited
Decision date: 28 March 2022
Neutral citation: [2022] UKUT 92 (LC)
Overall AI summary confidence: medium
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: medium
This appeal challenged the First-tier Tribunal's unconditional dispensation from s.20 consultation for replacement boilers at Kelvin Court after the landlord omitted consulting one leaseholder. The Upper Tribunal found the FTT erred by not centring its analysis on the prejudice to the leaseholder and by mis-evaluating key evidence, and it remade the decision to grant dispensation only on conditions limiting recoverable costs and requiring specified reimbursements to the appellant.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
A tribunal exercising the discretion under s.20ZA must focus its decision-making on the extent of prejudice to tenants caused by non-compliance with consultation requirements; urgency or partial consultation do not automatically negate prejudice, and a tribunal should identify which consultation steps were omitted, their consequences, and any possible mitigation before granting unconditional dispensation.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment indicates that when a landlord seeks dispensation a tribunal may properly impose conditions (for example capping recoverable costs and ordering reimbursement of tenants' expenses). It also observes that expert material prepared after works or with commercial connections should not be reflexively dismissed as self‑serving and may, where permitted by directions, be treated as factual evidence.