Latifi v Colherne Court Freehold Ltd and another (Record no. 72396)

MARC details
000 -LEADER
fixed length control field 02268cam a2200253 4500
001 - CONTROL NUMBER
control field X121835
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 030401n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u121835
245 ## - TITLE STATEMENT
Title Latifi v Colherne Court Freehold Ltd and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation {2003] 12 EG 130 130-137(8)
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWHC 2873 (QB), 15 November 2002. L, sublessee of a flat leased by the second defendant (W), the freehold of which was owned by the first defendant (C), sought to claim a new extended lease by serving a notice on the competent landlord (C) (with a copy to W) under the Leasehold Reform, Housing and Urban Development Act 1993 s42. W's solicitor mistakenly assuming W to be the competent landlord served a counternotice. L noted that C had failed to serve a counternotice but L would notwithstanding be granted a new lease. W became a competent landlord on being granted a lease by C but the assignment of a new lease to L had to await the resolution of its terms after referral to the Leasehold Valuation Tribunal. L's application that, since C had not served any counternotice, the new lease must be granted on the terms of the original s42 notice, namely £40 000 rather than C's premium of £117 000, was dismissed. L appealed. "Held" appeal dismissed. The provisions for notice under the 1993 Act can be waived in exactly the same way as defects in notices in the Landlord and Tenant Act 1954. The mandatory requirement of the 1993 Act s45(1), that a counternotice must be served by the competent landlord, can be waived on a purposive construction of the Act. L waived his right to a counternotice from C by agreeing to treat the counternotice by W as valid, as if validly given by the competent landlord C.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S45(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMPETENT LANDLORDS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COUNTERNOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LATIFI V COLHERNE COURT FREEHOLD LTD AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WILLINGALE V GLOBALGRANGE LTD
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 EXTENDED LEASES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD ENFRANCHISEMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SECTION 42 NOTICES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-LEASEHOLD REFORM-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
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    Dewey Decimal Classification     London London Journal article 01/04/2003   X121835 121835-1001 06/08/2019 1 06/08/2019 Law report