Rennie and another v Proma Ltd and another
Rennie and another v Proma Ltd and another
- 1990
- Estates Gazette (1990) 17 EG 69-77(5) .
CA 6 December 1989 Appeal by J Bynge (B) (Proma Ltd taking no part in the appeal) from a cc decision in favour of Mr and Mrs Rennie (R), on their application under Leasehold Reform Act 1967 s20 to acquire the freehold of a cottage held for a term of 99 years from December 1981. Difficulties had arisen from a transfer in 1985 which brought the cottage within the provisions and restrictions of a family settlement and trust for sale. The result was that the vesting of the title to the freehold in R required the appointment of an additional trustee of the trust for sale and the consent of B who refused to co-operate in the fulfillment of either condition. Cc held that by virtue of Leasehold Reform Act 1967 s23(1) and Law of Property Act 1925 s30 , the objections of B could be overcome and made declarations in favour of R. On appeal by B, CA upheld cc decision but on different grounds. The transfer in 1985 was a relevant agreement that related to the tenancy for the purposes of s23 of 196
CASE LAW
CA 6 December 1989 Appeal by J Bynge (B) (Proma Ltd taking no part in the appeal) from a cc decision in favour of Mr and Mrs Rennie (R), on their application under Leasehold Reform Act 1967 s20 to acquire the freehold of a cottage held for a term of 99 years from December 1981. Difficulties had arisen from a transfer in 1985 which brought the cottage within the provisions and restrictions of a family settlement and trust for sale. The result was that the vesting of the title to the freehold in R required the appointment of an additional trustee of the trust for sale and the consent of B who refused to co-operate in the fulfillment of either condition. Cc held that by virtue of Leasehold Reform Act 1967 s23(1) and Law of Property Act 1925 s30 , the objections of B could be overcome and made declarations in favour of R. On appeal by B, CA upheld cc decision but on different grounds. The transfer in 1985 was a relevant agreement that related to the tenancy for the purposes of s23 of 196
CASE LAW