Image from Google Jackets

No escaping clarity

By: Series: Estates Gazette ; (0302) 11 January 2003, 102(1)Publication details: 2003Subject(s): Summary: 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.
Holdings
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.