000			02312cab a2200265 4500
001			ABS68657
008			050126n2004 000 0 eng u
035			_a(Sirsi) u128620
245			_a7 Strathray Gardens Ltd v Pointstar Shipping and Finance Ltd and another
260			_c2004
490			_aEstates Gazette _v[2005] 01 EG 95 (CS)
490			_aEstates Gazette _v[[2005] 07 EG 144-151(8)
520			_a[2004] EWCA Civ 1669, 15 December 2004. Considered if the requirement in the Leasehold Reform (Collective Enfranchisement) (Counter-Notices (England) Regulations 2002 para 4 was directory and a failure to comply invalidated a counter-notice. Appeal by P against an order that its counter-notice served under the Leasehold Reform, Housing and Urban Development Act 1993 s21 in response to a collective enfranchisement notice was invalid and that U was entitled to acquire the freehold and leasehold interests in the premises. The notice did not state as required by para 4 whether the premises were in the area of a scheme approved as an estate management scheme. As they were not, the notice should have a negative statement to this effect. The judge found the requirement in the para 4 to be mandatory, invalidating the counter-notice. P contended that the requirement was directory. "Held": appeal allowed. Paragraph 4 does not form part of the requirements of s21(3) but is a requirement in its own right. The effect of non-compliance with a particular statutory requirement depended on the particular statutory scheme. The requirement in para 4 for a negative statement was not mandatory.
590			_aABS
650			_aSEVEN STRATHRAY GARDENS V POINTSTAR SHIPPING AND FINANCE LTD AND ANOTHER
650			_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S21
650			_aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S21(3)
650			_aLEASEHOLD REFORM (COLLECTIVE ENFRANCHISEMENT) (COUNTER-NOTICES (ENGLAND) REGULATIONS 2002 PARA 4
650			_aBURMAN V MOUNT COOK LAND LTD
650			_aPETCH V GURNEY (HMIT)
650			_aLEASEHOLD ENFRANCHISEMENT
690			_aLANDLORD AND TENANT-LEASES-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/1669.html _zView the decision at the www.bailii.org website.
942			_n0
999			_c74762 _d74762