Image from Google Jackets

Acton v Birmingham South West Circuit Methodist Church Manses Trust [electronic resource]

Language: English Publication details: 2006Subject(s): Online resources: Summary: ACQ/114/2004, 29 June 2006. On a trial of a preliminary issue it fell to be determined whether a notice to treat served by the respondent tenants upon the claimant landlords had been effectively withdrawn and whether the tribunal had jurisdiction to hear and determine a reference by the landlords. The tenants had exercised their entitlement under the Places of Worship (Enfranchisement) Act 1920 to acquire the freehold of a property owned by the landlords by serving notice to treat on the landlords under the Compulsory Purchase Act 1965. Following the introduction of the Commonhold and Leasehold Reform Act 2002 the tenants sought to proceed instead under the Leasehold Reform Act 1967, serving a notice of tenant's claim on the landlords under the 1967 Act. However, the landlords disputed the tenants' entitlement to acquire the freehold on the ground that the notice of the tenants' claim had no effect since notice to treat had already been served, and the landlords gave notice of reference to the Lands Tribunal for a claim for compensation under the 1920 Act. ?Held?: a notice to treat could only be withdrawn in the limited way provided for by the 1961 Act within six weeks after the delivery of a notice of claim.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 137335-2001

ACQ/114/2004, 29 June 2006. On a trial of a preliminary issue it fell to be determined whether a notice to treat served by the respondent tenants upon the claimant landlords had been effectively withdrawn and whether the tribunal had jurisdiction to hear and determine a reference by the landlords. The tenants had exercised their entitlement under the Places of Worship (Enfranchisement) Act 1920 to acquire the freehold of a property owned by the landlords by serving notice to treat on the landlords under the Compulsory Purchase Act 1965. Following the introduction of the Commonhold and Leasehold Reform Act 2002 the tenants sought to proceed instead under the Leasehold Reform Act 1967, serving a notice of tenant's claim on the landlords under the 1967 Act. However, the landlords disputed the tenants' entitlement to acquire the freehold on the ground that the notice of the tenants' claim had no effect since notice to treat had already been served, and the landlords gave notice of reference to the Lands Tribunal for a claim for compensation under the 1920 Act. ?Held?: a notice to treat could only be withdrawn in the limited way provided for by the 1961 Act within six weeks after the delivery of a notice of claim.