No escaping clarity (Record no. 72201)

MARC details
000 -LEADER
fixed length control field 01952cam a2200253 4500
001 - CONTROL NUMBER
control field ABS66453
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030304n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121491
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Murdoch, S.
245 ## - TITLE STATEMENT
Title No escaping clarity
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation (0302) 11 January 2003, 102(1)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses recent cases concerning Leasehold Reform, Housing and Urban Development Act 1993 s42 notice requirements. In "St Ermin's Property Co v Tingay" (Chd Abs66081), agreeing with an earlier judgment "Viscount Chelsea and another v Hirshorn" (County Court Abs58748) it was decided that the need for a s42 notice to be signed personally by the tenant was inescapable and in this case the notice signed by the tenant's son under a power of attorney was invalid. In "Wellcome Trust Ltd v Bellhurst Ltd" (CA [2002] 32 EG 90) the CA was asked to rule on the validity of a s42 notice served by the respondent (B) which held the relevant underlease on trust for the occupier. The notice had not been served on a particular tenant nor on the intermediate landlord. The tenant it was claimed, although a party to the underlease, was not a third party for the purposes of the Act. CA agreed that the statute did not cover a third party who has no rights and obligations under the law. Further, where Sched 11 para 2 of the 1993 Act applies, the validity of the notice is not affected.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S41
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S42
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SCHED 11 PARA 4
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ST ERMINS PROPERTY CO V TINGAY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WELLCOME TRUST LTD V BELLHURST LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VISCOUNT CHELSEA AND ANOTHER V HIRSHORN
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ENDURING POWERS OF ATTORNEY ACT 1985 S3(2)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-LEASES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 04/03/2003   ABS66453 121491-1001 06/08/2019 1 06/08/2019 Journal article