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Castlegroom Ltd v Enoch and others

Series: Estates Gazette ; [2003] 31 EG 69-71(3Publication details: 2003Subject(s): Summary: Bromley County Court, 6 June 2003. The two defendant freeholders and the defendant headlessee (C) of a block of flats, admitted the qualifying tenants' (E) right to acquire the freehold. A day before both parties agreed the price and terms of acquisition and the Leasehold Valuation Tribunal (LVT) approved them, E applied to the LVT for determination of a service charges dispute with the third defendant (D3) and no binding acquisition contract was entered into. Some months after the claimant had applied for a vesting order under the Leasehold Reform, Housing and Development Act 1993 S24(3), the LVT determined the service charge dispute without resolving individual tenant service charge arrears. The judge held that the vesting order should be deferred until the time when the parties had agreed or when the LVT had determined, the service charge amount to be paid on top of the purchase price. D3 applied for permission to appeal. "Held" permission to appeal granted and appeal allowed. Sched 5 of the Act requires that any amounts or estimated amounts determined by the LVT should be aggregated with the price and not to be aggregated if they have not been determined. A vesting order under the Act S24(4)(A) could therefore be made immediately. D3 was entitled to a vendor's lien under the Act S32(2)(A), to protect its entitlement to the unpaid service charges.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67082 (Browse shelf(Opens below)) 1 Available 123772-1001

Bromley County Court, 6 June 2003. The two defendant freeholders and the defendant headlessee (C) of a block of flats, admitted the qualifying tenants' (E) right to acquire the freehold. A day before both parties agreed the price and terms of acquisition and the Leasehold Valuation Tribunal (LVT) approved them, E applied to the LVT for determination of a service charges dispute with the third defendant (D3) and no binding acquisition contract was entered into. Some months after the claimant had applied for a vesting order under the Leasehold Reform, Housing and Development Act 1993 S24(3), the LVT determined the service charge dispute without resolving individual tenant service charge arrears. The judge held that the vesting order should be deferred until the time when the parties had agreed or when the LVT had determined, the service charge amount to be paid on top of the purchase price. D3 applied for permission to appeal. "Held" permission to appeal granted and appeal allowed. Sched 5 of the Act requires that any amounts or estimated amounts determined by the LVT should be aggregated with the price and not to be aggregated if they have not been determined. A vesting order under the Act S24(4)(A) could therefore be made immediately. D3 was entitled to a vendor's lien under the Act S32(2)(A), to protect its entitlement to the unpaid service charges.