Unrealistic landlords
Driscoll, James
Unrealistic landlords - 2005 - New Law Journal 155(7181) 17 June 2005, 942-943(2) .
Argues that the courts were mistaken in ruling that a leaseholder's failure to propose a realistic premium invalidates a claim notice; as the CA recently held in "9 Cornwall Crescent London Ltd v the Kensington and Chelsea LBC" ([2005] EWCA Civ 324, L129524). Considers the current position of the law on notices, counter-notices and enfranchisement claims. Examines: enfranchisement claims; disputes over the entitlement to acquire; realistic premiums; applications where the landlord fails to serve a counter-notice; and the validity of counter-notices. Questions whether an unrealistic premium invalidates a counter-notice and concludes that it is a pity that arguments are continuing over the validity of leaseholder's notices where the dispute is over price payable not over the leaseholder's entitlement to exercise rights or not.
Unrealistic landlords - 2005 - New Law Journal 155(7181) 17 June 2005, 942-943(2) .
Argues that the courts were mistaken in ruling that a leaseholder's failure to propose a realistic premium invalidates a claim notice; as the CA recently held in "9 Cornwall Crescent London Ltd v the Kensington and Chelsea LBC" ([2005] EWCA Civ 324, L129524). Considers the current position of the law on notices, counter-notices and enfranchisement claims. Examines: enfranchisement claims; disputes over the entitlement to acquire; realistic premiums; applications where the landlord fails to serve a counter-notice; and the validity of counter-notices. Questions whether an unrealistic premium invalidates a counter-notice and concludes that it is a pity that arguments are continuing over the validity of leaseholder's notices where the dispute is over price payable not over the leaseholder's entitlement to exercise rights or not.