No escaping clarity
Series: Estates Gazette ; (0302) 11 January 2003, 102(1)Publication details: 2003Subject(s):- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S41
- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S42
- LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SCHED 11 PARA 4
- ST ERMINS PROPERTY CO V TINGAY
- WELLCOME TRUST LTD V BELLHURST LTD
- VISCOUNT CHELSEA AND ANOTHER V HIRSHORN
- ENDURING POWERS OF ATTORNEY ACT 1985 S3(2)
- LANDLORD AND TENANT-LEASES-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66453 (Browse shelf(Opens below)) | 1 | Available | 121491-1001 |
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.