Mixed use development – qualifying long term agreement affecting the residential part – the obligation to consult – the effect of failure to do so – construction of statutory provisions

BDW Trading Ltd and another v South Anglia Housing Ltd [2013] EWHC (Ch) (Mr Nicholas Strauss QC) (15 July 2013)

Subject of course to any appeal, this case helpfully settles a long running issue concerning the obligation on a developer to consult before entering into a qualifying long term agreement, the costs of which are to be contributed to by way of service charges payable by long lessees of flats.