Mainwaring v Trustees of Henry Smith`s Charity
Mainwaring v Trustees of Henry Smith`s Charity
- 1996
- All England Law Reports [1996] 2 All ER 220-236(9) .
CA 16 February 1996. An appeal against the decision of 20 November 1995 in which M`s claim that her rights under the Landlord and Tenant Act 1987 had been violated was rejected. Appeal allowed. The trustees had decided in July 1995 to sell the Kensington Estate freehold to the Wellcome Trust and rather than serve notices itself under s5 of the Act the right to serve notices was passed to the Wellcome Trust under s18 of the Act. S5 notices provided a timescale of no less than two months, whilst s18 notices provided only a minimum of 28 days. It was held that the Smith trustees should have served s5 notices on the applicant and other qualifying tenants affording them the right of first refusal.
KENSINGTON ESTATE
LANDLORD AND TENANT ACT 1987 S18
LANDLORD AND TENANT ACT 1987 S5
LANDLORD AND TENANT ACT 1987
LEASEHOLD ENFRANCHISEMENT
MAINWARING V TRUSTEES OF HENRY SMITHS CHARITY
NOTICE TO QUIT
RELEVANT DISPOSAL
RIGHT OF FIRST REFUSAL
SECTION 18 NOTICES
SECTION 5 NOTICES
WELLCOME TRUST
CA 16 February 1996. An appeal against the decision of 20 November 1995 in which M`s claim that her rights under the Landlord and Tenant Act 1987 had been violated was rejected. Appeal allowed. The trustees had decided in July 1995 to sell the Kensington Estate freehold to the Wellcome Trust and rather than serve notices itself under s5 of the Act the right to serve notices was passed to the Wellcome Trust under s18 of the Act. S5 notices provided a timescale of no less than two months, whilst s18 notices provided only a minimum of 28 days. It was held that the Smith trustees should have served s5 notices on the applicant and other qualifying tenants affording them the right of first refusal.
KENSINGTON ESTATE
LANDLORD AND TENANT ACT 1987 S18
LANDLORD AND TENANT ACT 1987 S5
LANDLORD AND TENANT ACT 1987
LEASEHOLD ENFRANCHISEMENT
MAINWARING V TRUSTEES OF HENRY SMITHS CHARITY
NOTICE TO QUIT
RELEVANT DISPOSAL
RIGHT OF FIRST REFUSAL
SECTION 18 NOTICES
SECTION 5 NOTICES
WELLCOME TRUST