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Belvedere Court Management Ltd v Frogmore Developments Ltd

Language: English Series: Estates Gazette ; 1996 05 EG 131-140(10)Publication details: 1996Subject(s): Summary: CA 24 October 1995. Frogmore (F) contracted to purchase the leasehold interests of L in a block of flats, sublet to tenants. L did not serve notice on the tenants prior to contract. F served notice on the tenants and some tenants served counternotices. The majority of qualifying tenants wished to exercise their right of first refusal. They served a purchase notice on F nominating B as nominee purchaser. F denied the validity of the notice. CA considered an appeal by F as to whether B was entitled to acquire the interest acquired by F from L unincumbered by the leases subsequently granted to A Ltd. Appeal allowed to limited extent of varying the declaration so that B was entitled to acquire the 99-year lease acquired by F from L subject to the leases granted to A Ltd.

CA 24 October 1995. Frogmore (F) contracted to purchase the leasehold interests of L in a block of flats, sublet to tenants. L did not serve notice on the tenants prior to contract. F served notice on the tenants and some tenants served counternotices. The majority of qualifying tenants wished to exercise their right of first refusal. They served a purchase notice on F nominating B as nominee purchaser. F denied the validity of the notice. CA considered an appeal by F as to whether B was entitled to acquire the interest acquired by F from L unincumbered by the leases subsequently granted to A Ltd. Appeal allowed to limited extent of varying the declaration so that B was entitled to acquire the 99-year lease acquired by F from L subject to the leases granted to A Ltd.