Meaning of “Qualifying Long Term Agreement” – Decision of Lewison J in Paddington Basin Developments Ltd

On 20 April 2010, Lewison J handed down his decision in Paddington Basin Developments Ltd & Ors v West End Quay Estate Management Ltd & Anr [2010] EWHC 833 (Ch).

Mark Warwick and Stuart Hornett appeared (respectively) for the successful First and Second Defendants.

The case, which concerns the large development in Paddington Basin, gives valuable guidance as to what constitutes a “Qualifying Long Term Agreement” for the purposes of the Landlord and Tenant Act 1985 and the Service Charges (Consultation etc.) Regulations 2003. This issue of is considerable importance for both landlords and tenants in the context of service charge disputes.

A copy of the decision can be found at http://www.bailii.org/ew/cases/EWHC/Ch/2010/833.html