000 02127cab a2200217 4500
001 L129524
008 050426n2005 000 0 eng u
035 _a(Sirsi) u129524
041 _aeng
245 _a9 Cornwall Crescent London Limited v the Mayor and Burgesses of the Royal Borough of Kensington and Chelsea.
260 _c2005
490 _aProperty, Planning and Compensation Reports
_v[2006] 1 P&CR 3
520 _a[2005] EWCA Civ 324, 9 February 2005. Considers whether a proposed purchase price for a freehold in a landlord's counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 s21 had to be realistic following the requirement from "Cadogan v Morris" ([1999] 1 EGLR 59, Abs60002). Appeal by appellant tenants (C), who had sought to exercise their right of collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, against the dismissal of their claim challenging the validity of the respondent landlord's (K) counter-notice. C had served a s13 notice on K to acquire the freehold for £210. K's s21 counter-notice proposed a price of £130 000 based on a professional valuation, which C rejected as an unrealistically high price. C sought to proceed with the acquisition at their price in default of a valid counter-notice. The judge found that K's counter-notice was valid and its price proposal bona fide. "Held": appeal dismissed. The "Cadogan" test did not apply to s21 counter-notices. The judge had been correct to find that lack of good faith was the sole necessary pre-condition for a declaration of the invalidity of a landlord's counter-notice under the provisions of the Act.
590 _aIKA290405
650 _aNINE CORNWALL CRESCENT LONDON LTD V KENSINGTON AND CHELSEA LBC
650 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S21
650 _aVISCOUNT CHELSEA V MORRIS
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/324.html
_zView the decision free of charge at www.bailii.org...
942 _n0
999 _c75149
_d75149