Source: All England Reporter
Publisher Citation: [2011] All ER (D) 30 (Nov)
Neutral Citation: [2011] EWCA Civ 1251
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Aikens and Lewison LJJ
Representation Stephen Jourdan QC (instructed by Forsters LLP) for the claimant.
  Anthony Radevsky (instructed by Wallace LLP) for the defendant.
Judgment Dates: 2 November 2011

Catchwords

Landlord and tenant - Leasehold enfranchisement - Notice by qualifying tenants of claim to exercise right to collective enfranchisement - Claimants being tenants of property under long lease - Claimants assigning property in three parts to themselves - Defendant landlord refusing to accept rent once assignments coming to attention on basis assignments not having consent - Claimants claiming right of collective enfranchisement over whole of property - Whether claimants being qualifying tenants - Leasehold Reform Housing and Urban Development Act 1993, s 5.

The Case

Landlord and tenant Leasehold enfranchisement. The Court of Appeal, Civil Division, in allowing an appeal on a preliminary issue, held that the claimants were qualifying tenants for the purposes of s5(1) of the Leasehold Reform Housing and Urban Development Act 1993 (the Act).

Practice Areas

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