The claimant occupied a house under a 75 year lease. She obtained an order requiring the landlord to sell the freehold reversion to her, and then set out to sell on her interest. She contracted to sell her interest in the property and her statutory rights, and later purported to assign her rights to the purchaser. The landlord refused to sell under 5(2), and she sought specific performance.
Held: The statutory rights could not exist outside the lease, and were not capable of separate assignment, The assignment was of no legal affect. Accordingly the claimant was entitled to specific performance.
Judges:
Lightman J
Citations:
Gazette 04-Oct-2001
Statutes:
Leasehold Reform Act 1967 5(2)
Jurisdiction:
England and Wales
Citing:
applied – Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 28 June 2022; Ref: scu.166238
