The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed.
Held: subject to the effect of section 17 of the 1954 Act, the Lessors became entitled to an equitable interest in the Lease commensurate with that of a purchaser under a binding contract for sale. The section did not invalidate either the provisions of clause 5 or any of the steps which should have been taken thereunder and therefore has no effect on the creation of the equitable interest which had priority over any interest of either of Tiffany or Ms Chantry.
Lord Justice Sedley Lord Justice Waller The Vice-Chancellor
[2003] EWCA Civ 1759
Bailii
Landlord and Tenant Act 1954 Part I 17, Rent Act 1977
England and Wales
Citing:
Cited – Pritchard v Briggs CA 1980
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported . .
Cited – Bircham and Co, Nominees; Limited and Another v Worrell Holdings Ltd CA 22-May-2001
Whether an agreement is enforceable for the sale of the remainder of the term of a lease following the exercise (or purported exercise) of rights of pre-emption . .
Cited – Kling v Keston Properties Ltd ChD 1985
The plaintiff had and exercised a right of pre-emption entitling him to take a long lease of a garage. He was at the time also licensee of the garage.
Held: The use of the garage amounted to actual occupation, thereby protecting the right as . .
Cited – Tuck v Baker CA 1992
A party sought to enforce a notice exercising a right of pre-emption. The defendant purported to withdraw it.
Held: An offer (once made) can be withdrawn at any time before it has been converted by acceptance into a binding contract.
Cited – Carington v Wycombe Railway Co 1868
. .
Cited – London and South Western Railway Company v Blackmore HL 5-Jul-1870
In 1861 the railway company used its statutory powers to buy some of Mr Blackmore’s land for railway purposes. In 1864 they had a dispute over their boundary. This was settled by an agreement that he should build a wall to be maintained at their . .
Cited – Butts Park Ventures (Coventry) Limited v Bryant Homes Central Limited ChD 29-Oct-2003
. .
Cited – Joseph v Joseph CA 1967
The words in section 38(1) ‘purports to’ means ‘has the effect that’ so that an agreement to give up possession in two years when the lease would still have six years to run infringed section 38 as it would preclude an application or request for a . .
Cited – Re Hennessey 1975
A long lease at a premium and a low rent comprised three rooms at the top of a building. Clause 7 provided that the landlord should be entitled to buy the residue of the lease for andpound;2,500 if either the tenant gave notice to the landlord that . .
Cited – Allnatt Properties Ltd v Newton ChD 1981
A business lease provided that if the tenant wished to assign, he must first offer a surrender to the landlord for the net premium value. If the landlord did not accept, then he could apply for consent to assign, such consent not to be unreasonably . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 18 December 2021; Ref: scu.188414