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Englefield Court Tenants v Skeels

Language: English Series: Estates Gazette ; (1990) 37 EG 91-96(3)Publication details: 1990Subject(s): Summary: (LON/PUR/2) London Rent Assessment Panel 9 August 1990. Application to leasehold valuation tribunal under Landlord and Tenant Act 1987 s13 to determine the estate or interest for transfer to tenants of a block of flats in Bromley. Original disposal was made without s5 notice to tenants and after service of purchase notice , the new landlord granted a 125-year lease of roofspace to her husband at a peppercorn rent . Lease included right to convert roofspace into dwelling and to alter or adapt all service media in loft . The question was whether lease, which was unregistered, constituted an incumbrance within meaning of s12(4). With regard to the preliminary issue on the tribunal`s jurisdiction, it was accepted that it had the jurisdiction to determine whether freehold to be disposed of to tenants was subject to lease granted subsequent to original disposal. Landlord`s argument that disposal to tenants be subject to lease was accepted by the tribunal. Para (a) of s12(4) is concerned wi
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Law report London Journal article ABS43383 (Browse shelf(Opens below)) 1 Available 41511-1001

(LON/PUR/2) London Rent Assessment Panel 9 August 1990. Application to leasehold valuation tribunal under Landlord and Tenant Act 1987 s13 to determine the estate or interest for transfer to tenants of a block of flats in Bromley. Original disposal was made without s5 notice to tenants and after service of purchase notice , the new landlord granted a 125-year lease of roofspace to her husband at a peppercorn rent . Lease included right to convert roofspace into dwelling and to alter or adapt all service media in loft . The question was whether lease, which was unregistered, constituted an incumbrance within meaning of s12(4). With regard to the preliminary issue on the tribunal`s jurisdiction, it was accepted that it had the jurisdiction to determine whether freehold to be disposed of to tenants was subject to lease granted subsequent to original disposal. Landlord`s argument that disposal to tenants be subject to lease was accepted by the tribunal. Para (a) of s12(4) is concerned wi