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 realistic, in default of which, the landlord having made no counter-proposal, the tenant’s notice was deemed accepted.
Held: The consequences of a failure to serve a notice under the Act were not the same for both landlords and for tenants, and nor was the duty to make an offer realistic. No default advantage accrued to the landlord from the failure to issue a counter-notice, and there was no imperative on the courts to impose similar conditions.
Judges:
Auld, Arden LJJ, Wilson J
Citations:
Times 29-Mar-2005, [2005] EWCA Civ 324, [2006] 1 WLR 1186
Links:
Statutes:
Leasehold Reform, Housing and Urban Development Act 1993
Jurisdiction:
England and Wales
Citing:
Cited – Willingale v Global Grange Ltd CA 13-Mar-2000
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 . .
Cited – Cadogan Estates Limited v Morris CA 4-Nov-1998
The tenant had served a notice to purchase the freehold of the premises at pounds 100.00, a formal nominal figure. The landlord claimed that the notice was invalid.
Held: The process was one of compulsory purchase. ‘The tenant is required to . .
Cited by:
Cited – Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others HL 25-Jun-2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 June 2022; Ref: scu.223777
