In Daejan Investments Ltd v Benson and others [2011] EWCA Civ 38, the Court of Appeal upheld the Lands Tribunal's decision that a landlord was not entitled to a dispensation from compliance with the consultation requirements under the Landlord and Tenant Act 1985.

NOTE ADDED 08.03.13: The Supreme Court overturned the decision of the Court of Appeal, on 6 March 2013 (see Legal update, Consequences of failure to comply with service charge consultation requirements (Supreme Court).)