Phyllis Trading Ltd v 86 Lordship Road Ltd
Phyllis Trading Ltd v 86 Lordship Road Ltd
- 2001
- Estates Gazette Law Reports [2001] 28 EG 147-151(5) .
CA 19 February 2001. X, the appellantnominee purchaser was appointed by tenants in connection of their rights of collective enfranchisement under the Leasehold Reform and Urban Development Act 1993, in respect of leasehold premises at 86 Lordship Road, Stoke Newington, London N6. The respondent landlord appealed to the LT againts the LVT's determination of the amount payable of £3,3000. By a letter dated 6 October 1999, a 'Calderbank' offer was made by X in the amount of £4,000. The LTaccepted P's submissions that there were still outstanding issues for dispute regarding costs to P's 'calderbank' offer, as the offer was too uncertain to be accepted and awarded costs to the landlord. X appealed, "Held", the appeal was allowed on the basis that the LT was wrong to dismiss a reasonable offer by a purchaser on the grounds that it did not contain provisions regarding costs in the even of a settlement.
CALDERBANK OFFERS
COSTS
COLLECTIVE ENFRANCHISEMENT
PHYLLIS TRADING LTD V 86 LORDSHIP ROAD LTD
PURCHASE PRICE
PREMIUM
FREEHOLD
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
CA 19 February 2001. X, the appellantnominee purchaser was appointed by tenants in connection of their rights of collective enfranchisement under the Leasehold Reform and Urban Development Act 1993, in respect of leasehold premises at 86 Lordship Road, Stoke Newington, London N6. The respondent landlord appealed to the LT againts the LVT's determination of the amount payable of £3,3000. By a letter dated 6 October 1999, a 'Calderbank' offer was made by X in the amount of £4,000. The LTaccepted P's submissions that there were still outstanding issues for dispute regarding costs to P's 'calderbank' offer, as the offer was too uncertain to be accepted and awarded costs to the landlord. X appealed, "Held", the appeal was allowed on the basis that the LT was wrong to dismiss a reasonable offer by a purchaser on the grounds that it did not contain provisions regarding costs in the even of a settlement.
CALDERBANK OFFERS
COSTS
COLLECTIVE ENFRANCHISEMENT
PHYLLIS TRADING LTD V 86 LORDSHIP ROAD LTD
PURCHASE PRICE
PREMIUM
FREEHOLD
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993