Aldavon Co Ltd v Deverill.
Series: Estates Gazette ; (9932) 14 August 1999, 92-97(6)Subject(s): Summary: County Court 11 June 1999. The plaintiff landlord A owned a block of flats. On 18 August 1997, H (a lessee) served notice of a claim under Leasehold Reform, Housing and Urban Development Act 1993 s42 demanding an extended lease. A served a counternotice admitting the claim on 14 October 1997. 21 October 1997, H contracted to sell her lease to the defendant (D). The contract included the provision that the seller would effect a valid assignment of the notice of claim. Completion took place on October 28th, but there was no reference to the transfer of benefit of the notice of the claim. The transfer was registered at the Land Registry on 19 November 1997. A claimed that notice of the claim had been withdrawn under s43(3) of the 1993 Act. D contended that the Act does not require a legal assignment, an equitable assignment will suffice. "Held" claim allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS61121 (Browse shelf(Opens below)) | 1 | Available | 101685-1001 |
County Court 11 June 1999. The plaintiff landlord A owned a block of flats. On 18 August 1997, H (a lessee) served notice of a claim under Leasehold Reform, Housing and Urban Development Act 1993 s42 demanding an extended lease. A served a counternotice admitting the claim on 14 October 1997. 21 October 1997, H contracted to sell her lease to the defendant (D). The contract included the provision that the seller would effect a valid assignment of the notice of claim. Completion took place on October 28th, but there was no reference to the transfer of benefit of the notice of the claim. The transfer was registered at the Land Registry on 19 November 1997. A claimed that notice of the claim had been withdrawn under s43(3) of the 1993 Act. D contended that the Act does not require a legal assignment, an equitable assignment will suffice. "Held" claim allowed.