||All England Reporter
|| All ER (D) 156 (May)
|| EWCA Civ 666
||Court of Appeal, Civil Division
Lord Neuberger MR, Longmore and Lewison LJJ
||Nicholas Dowding QC and Anthony Dadevsky (instructed by Pemberton Greenish LLP) for the claimant.
||Stephen Jourdan QC (instructed by Maples Teesdale LLP) for the defendant.
||18 May 2012
Landlord and tenant - Leasehold enfranchisement - Tenant's notice - Tenant giving notice to landlords of desire to acquire freehold - Tenants abandoning first claim for transfer of freehold - Tenants making subsequent application and subsequently issuing second proceedings for transfer - Freeholder arguing that tenants requiring permission of court to make application - Court holding that permission of court required - Tenants appealing - Whether court erring - CPR 38.7.
Landlord and tenant Leasehold enfranchisement. The Court of Appeal, allowing the appeal, held that CPR 38.7 did not apply where tenants had withdrawn their application for a transfer of the freehold pursuant Leasehold Reform, Housing and Development Act 1993 (the 1993 Act), to a second application by the tenants for that transfer.
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