Tyson v Carlisle Estates Ltd
Tyson v Carlisle Estates Ltd
- 1990
- Estates Gazette (1990) 36 EG 127-128(2) .
(LON/PUR/3) London Rent Assessment Panel 1 June 1990 Application under Landlord and Tenant Act 1987 s13 by T, the nominated person within the meaning of s13, for the determination of price payable for C`s leasehold interest in premises at Kensington. The lease of the premises had been first assigned (by `Melbury` to `ADC`) in September 1988 for £15,000 and further assigned in October, 16 days later, to C for £20,000. Notice of both transfers subsequently given to tenants by ADC`s solicitors who later gave notice under Landlord and Tenant Act 1987 s16(1)(a)(ii) that the `subsequent purchaser` was C. The point at issue was whether the price payable was £15,000 or £20,000. T submitted that by s16(2) the solicitors notice applied to C as if it were transferee under the `original disposal`. C argued that the `original disposal` was effected by the October transfer under which C became the `new landlord`. S16 would therefore not apply, as it relates to a subsequent sale by the `new landlor
CASE LAW
LEASEHOLD ENFRANCHISEMENT
(LON/PUR/3) London Rent Assessment Panel 1 June 1990 Application under Landlord and Tenant Act 1987 s13 by T, the nominated person within the meaning of s13, for the determination of price payable for C`s leasehold interest in premises at Kensington. The lease of the premises had been first assigned (by `Melbury` to `ADC`) in September 1988 for £15,000 and further assigned in October, 16 days later, to C for £20,000. Notice of both transfers subsequently given to tenants by ADC`s solicitors who later gave notice under Landlord and Tenant Act 1987 s16(1)(a)(ii) that the `subsequent purchaser` was C. The point at issue was whether the price payable was £15,000 or £20,000. T submitted that by s16(2) the solicitors notice applied to C as if it were transferee under the `original disposal`. C argued that the `original disposal` was effected by the October transfer under which C became the `new landlord`. S16 would therefore not apply, as it relates to a subsequent sale by the `new landlor
CASE LAW
LEASEHOLD ENFRANCHISEMENT