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Burman v Mount Cook Land Ltd

Series: Estates Gazette ; [2002] 06 EG 156-163(8)Publication details: 2002Subject(s): Summary: CA 20 November 2001. Tenant (B) issued a notice on 9 October 1999 claiming a new lease under Leasehold Reform, Housing and Urban Development Act 1993 s42, proposing a premium of £110 000. Landlord(M) issued a counternotice proposing a premium of £175 000. B appealed against the CC's decision, which dismissed his claim that M's counternotice was invalid, as it had failed to admit B's claim to a new lease, as required by s45(2)(a) of 1993 Act. CA held that counternotice was invalid, overturning CC's ruling. Appeal allowed.

CA 20 November 2001. Tenant (B) issued a notice on 9 October 1999 claiming a new lease under Leasehold Reform, Housing and Urban Development Act 1993 s42, proposing a premium of £110 000. Landlord(M) issued a counternotice proposing a premium of £175 000. B appealed against the CC's decision, which dismissed his claim that M's counternotice was invalid, as it had failed to admit B's claim to a new lease, as required by s45(2)(a) of 1993 Act. CA held that counternotice was invalid, overturning CC's ruling. Appeal allowed.