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Long Acre Securities Ltd v Karet

Series: Weekly Law Reports ; [2004] 3 WLR 866-885(20)Publication details: 2004Subject(s): Summary: [2004] EWHC 442 (Ch), 3 March 2004. Claimant landlord (L), wishing to dispose of its leasehold interest in the underlease of a residential estate, sought to establish the validity of the offer notice that it had served under the Landlord and Tenant Act 1987 ss5 and 5B on the occupiers of the flats within the estate. The word building in the notice purported to include all the flats and the appurtenant areas. Defendant (K) challenged the notice's validity on the ground that each structure was required by the 1987 Act to be the subject of a separate notice. L contended that the notice was valid because the word building could be construed to include a building scheme comprising any and all buildings constructed as part of a development at the same time and the serving of separate notices for each of the four structures was unworkable. "Held": claim allowed. The purpose of the legislation was to give tenants the right to acquire their landlord's reversion and to provide a workable procedure for that purpose. It would be unworkable if appurtenant premises had to be split in order to satisfy s5(3) of the Act. The notice was therefore valid.
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Law report London Journal article ABS67646 (Browse shelf(Opens below)) 1 Available 125557-1001

[2004] EWHC 442 (Ch), 3 March 2004. Claimant landlord (L), wishing to dispose of its leasehold interest in the underlease of a residential estate, sought to establish the validity of the offer notice that it had served under the Landlord and Tenant Act 1987 ss5 and 5B on the occupiers of the flats within the estate. The word building in the notice purported to include all the flats and the appurtenant areas. Defendant (K) challenged the notice's validity on the ground that each structure was required by the 1987 Act to be the subject of a separate notice. L contended that the notice was valid because the word building could be construed to include a building scheme comprising any and all buildings constructed as part of a development at the same time and the serving of separate notices for each of the four structures was unworkable. "Held": claim allowed. The purpose of the legislation was to give tenants the right to acquire their landlord's reversion and to provide a workable procedure for that purpose. It would be unworkable if appurtenant premises had to be split in order to satisfy s5(3) of the Act. The notice was therefore valid.