The head landlord had accepted a surrender of the head lease and granted a new lease. but for a longer term. The claimant company sought, on behalf of the qualifying tenants of the estate, an order for the disposal to it of the original lease under the 1987 Act. The landlord denied that it had made a relevant disposal.
Held: The new agreement granting a longer term was a relevant disposal, and a notice should have been served. The tenants were able to serve their notice on the freeholder. However the court did not have power to order grant of a new lease on the terms. The head lessee had not disposed of his interest in the reversion, it was enlarging his interest.
Judges:
Longmore LJ, Lawrence Collins LJ, Sir Martin Nourse
Citations:
Times 13-Apr-2007, [2007] EWCA Civ 245
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Belvedere Court Management Ltd v Frogmore Developments Ltd CA 24-Oct-1995
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party.
Held: The agreements were upheld, and . .
Cited – Kay-Green and Others v Twinsectra Limited CA 15-May-1996
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 July 2022; Ref: scu.250447
