South v Chamberlayne and others
South v Chamberlayne and others
- 2001
- Estates Gazette Law Reports [2001] 43 EG 190-194(5) .
ChD 7 September 2001. The claimant tenant (S) served a notice upon the respondent landlords to enfranchise under the Leasehold Reform Act 1967. The LT determined the price payable as £2.395m. S contracted to subsell her interest in the property to E for £4.5m and asked the landlords to transfer directly to E. Shortly after S assigned her statutory rights under the Leasehold Reform Act 1967 to E. The landlords decided they were not obliged to transfer the property to S or E because according to the provisions of the assignment, S's statutory right had been extinguished as the right had not been assigned with the tenancy. S issued proceedings claiming specific performance of the landlord's statutory obligation to transfer the property. It was found that S was entitled to specific performance.
SPECIFIC PERFORMANCE
PROPERTY TRANSFER
SOUTH V CHAMBERLAYNE
LEASEHOLD REFORM ACT 1967
LEASEHOLD ENFRANCHISEMENT
ChD 7 September 2001. The claimant tenant (S) served a notice upon the respondent landlords to enfranchise under the Leasehold Reform Act 1967. The LT determined the price payable as £2.395m. S contracted to subsell her interest in the property to E for £4.5m and asked the landlords to transfer directly to E. Shortly after S assigned her statutory rights under the Leasehold Reform Act 1967 to E. The landlords decided they were not obliged to transfer the property to S or E because according to the provisions of the assignment, S's statutory right had been extinguished as the right had not been assigned with the tenancy. S issued proceedings claiming specific performance of the landlord's statutory obligation to transfer the property. It was found that S was entitled to specific performance.
SPECIFIC PERFORMANCE
PROPERTY TRANSFER
SOUTH V CHAMBERLAYNE
LEASEHOLD REFORM ACT 1967
LEASEHOLD ENFRANCHISEMENT