The right to collective enfranchisement and to an individual lease extension requires the tenant(s) to serve an notice claiming the right (s.13, Leasehold Reform, Housing and Urban Development Act 1993 and s.42, 1993 Act, respectively).
Earl Cadogan v Panagopoulos [2010] EWHC 422 (Ch) concerns the anti-avoidance provisions in s.19, Leasehold Reform, Housing and Urban Development Act 1993.
The Commonhold and Leasehold Reform Act 2002 created a new right for qualifying tenants to acquire the management of the building containing their flats; such a right was to be exercised through the vehicle of a "Right to Manage" company (RTM company).
The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In total there were 40 residential units.
Collective enfranchisement is the process whereby qualifying tenants of flats of buildings can force their freeholder to sell the freehold to their nominee purchaser (often, but not always, a company established by the leaseholders for this purpose).
Certain qualifying tenants of flats are, pursuant to the Leasehold Reform, Housing and Urban Development Act 1993, entitled to acquire an extended lease of their flat in exchange for a statutorily calculated premium.
The LVT Bulletin Podcast is a fantastic way for you to stay up-to-date with case law in the Leasehold Valuation Tribunal and higher courts. Click the link above to view our latest FREE podcasts.
The LVT Bulletin Podcast is a fantastic way for you to stay up-to-date with case law in the Leasehold Valuation Tribunal and higher courts. Click the link above to view our latest MEMBERS ONLY podcasts.
Click the link above to view our latest FREE podcasts.
In this podcast Justin Bates and Nicolas Shulman discuss the case of Daejan Investments Ltd v Benson which is a case about section 20 consultation requirements.
In this podcast Justin Bates and Nicolas Shulman discuss the case of Daejan Investments Ltd v Benson which is a case about section 20 consultation requirements.
