Proma Ltd and Another v Curtis and Another
Language: English Series: Estates Gazette ; (1989) 10 EG 106-110(3)Publication details: 1989Subject(s): Summary: ChD 11 October 1988 Originating summons seeking determination of the true construction of proviso a) of Leasehold Reform Act 1967 S3 in relation to the circumstances of an underlease . Proma Ltd and Another (P) held the freehold and leasehold reversions and Mr and Mrs Curtis (C) were the underlessees who had served a notice under the LRA 1967 claiming their rights to claim the freehold of their house. P contested the claim, asserting that the underlease did not qualify as a " long tenancy " within the definition of s3 of LRA 1967. ChD stated that the sole question was whether the underlease fell within proviso a) because it was executed "in pursuance of" a contract entered into before 18 April 1980. The purpose of the proviso was to ensure that the lessor would not be prejudiced by the accident that a contract for lease, entered into before 18 April 1980 had not actually been completed by that date. Therefore, the words "in pursuance" of must be interpreted to extend proviso a) only| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40502 (Browse shelf(Opens below)) | 1 | Available | 24347-1001 |
ChD 11 October 1988 Originating summons seeking determination of the true construction of proviso a) of Leasehold Reform Act 1967 S3 in relation to the circumstances of an underlease . Proma Ltd and Another (P) held the freehold and leasehold reversions and Mr and Mrs Curtis (C) were the underlessees who had served a notice under the LRA 1967 claiming their rights to claim the freehold of their house. P contested the claim, asserting that the underlease did not qualify as a " long tenancy " within the definition of s3 of LRA 1967. ChD stated that the sole question was whether the underlease fell within proviso a) because it was executed "in pursuance of" a contract entered into before 18 April 1980. The purpose of the proviso was to ensure that the lessor would not be prejudiced by the accident that a contract for lease, entered into before 18 April 1980 had not actually been completed by that date. Therefore, the words "in pursuance" of must be interpreted to extend proviso a) only