Raymere Ltd v Belle Vue Gardens Ltd
Raymere Ltd v Belle Vue Gardens Ltd
- 2003
- Estates Gazette [2003] 38 EG 144-152(9) .
[2003] EWCA Civil 996, 17 July 2003. Respondent nominee purchaser (B) served notices under the Leasehold Reform, Housing and Urban Development Act 1993 s13 on appellant landlord (R) to acquire the freehold of R's three blocks of flats owned by R. All 49 participating tenants had registered title except one. R gave notice under s20 of the 1993 Act that B should deduce all 49 tenants' registered titles within the 21 day time limit. B supplied office copies of only 48 registered titles with correct Land Registry endorsements. R contended that B had not supplied all 49 titles by the relevant date, had not complied with the s20 notices and the notices were deemed accordingly to be withdrawn. R's declarations were not upheld either in the County Court or on appeal. R appealed. "Held" appeal dismissed. B did not fail to comply with the s20 notice merely because B's evidence or material supplied in answer to the S20 notice was less than perfect or conclusive. The requirement to deduce title is simply a procedural requirement that the nominee purchaser provide evidence to support the assertion in the initial notice that the tenant was, at the relevant date, the owner of the lease particularised in the initial notice. View judgment at http://www.bailii.org.
SECTION 20 NOTICES
REGISTERED TITLE
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S20
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S21(2)(B)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S22
RIGHT TO ENFRANCHISE
RAYMERE LTD V BELLE VUE GARDENS LTD
[2003] EWCA Civil 996, 17 July 2003. Respondent nominee purchaser (B) served notices under the Leasehold Reform, Housing and Urban Development Act 1993 s13 on appellant landlord (R) to acquire the freehold of R's three blocks of flats owned by R. All 49 participating tenants had registered title except one. R gave notice under s20 of the 1993 Act that B should deduce all 49 tenants' registered titles within the 21 day time limit. B supplied office copies of only 48 registered titles with correct Land Registry endorsements. R contended that B had not supplied all 49 titles by the relevant date, had not complied with the s20 notices and the notices were deemed accordingly to be withdrawn. R's declarations were not upheld either in the County Court or on appeal. R appealed. "Held" appeal dismissed. B did not fail to comply with the s20 notice merely because B's evidence or material supplied in answer to the S20 notice was less than perfect or conclusive. The requirement to deduce title is simply a procedural requirement that the nominee purchaser provide evidence to support the assertion in the initial notice that the tenant was, at the relevant date, the owner of the lease particularised in the initial notice. View judgment at http://www.bailii.org.
SECTION 20 NOTICES
REGISTERED TITLE
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S20
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S21(2)(B)
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S22
RIGHT TO ENFRANCHISE
RAYMERE LTD V BELLE VUE GARDENS LTD