The tenants of a block of flats issued a notice wanting to purchase the freehold at a price. The landlord failed to serve the appropriate counter-notice, and the tenants applied to court. The landlord asked the court to exercise its discretion to award greater compensation. The court, and the appeal court declined. There was no discretion as to the terms of the sale in the absence of a counter-notice, despite the use of the word ‘may’ in the section: ‘may’ in section 47(1) meant ‘must’.
Waller LJ, May LJ
Gazette 23-Mar-2000, Times 29-Mar-2000, [2000] L and TR 549, [2000] 2 EGLR 55, (2000) 80 P and CR 448, (2001) 33 HLR 17, [2000] EWCA Civ 520, [2000] 18 EG 152
Bailii
Leasehold Reform Housing and Urban Development Act 1993 13
England and Wales
Cited by:
Cited – 9 Cornwall Crescent London Ltd v Kensington and Chelsea CA 22-Mar-2005
The tenants offered to purchase the landlord’s freehold for andpound;210. The landlord made a counter offer to sell the freehold at andpound;130,000. The tenants argued that just as their offer had to be realistic, so the landlord’s had to be . .
Cited – Majorstake Ltd v Curtis HL 6-Feb-2008
The tenant had served a notice under the 2003 Act to acquire a new lease. The landlord in replying that he wished to redevelop the site, sought himself to define the extent of the ‘estate’ to include only the tenant’s apartment and a neighbouring . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2021; Ref: scu.90536
