000 02252cab a22002295a 4500
001 L139826
008 070813e20070726xxk f w 000 0 eng d
035 _a(Sirsi) u139826
041 0 _aeng
245 0 0 _aSinclair Gardens Investments (Kensington) Ltd V Poets Chase Freehold Company Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 1776 (Ch), 26 July 2007. The appellant landlord (S) appealed against a decision that tenants in a block of flats were entitled to exercise collective enfranchisement of their lease. The tenants in eight of the twelve flats had served notice under the Leasehold Reform, Housing and Urban Development Act 1993 s13, naming the respondent (P) as nominee purchaser. S served a counter-notice stating that the notice had not complied with the conditions of s13. The tenants accepted that this was the case and in due course served a second notice under s13. S served a further counter-notice questioning the ability of the tenants to serve a second s13 notice. P issued proceedings contending that as the former notice was invalid it did not prevent the latter notice being issued. The judge accepted P's contentions. "Held": The former notice had not been valid and it was therefore not necessary to serve a notice of withdrawal. The tenants were entitled to submit the latter notice. S could not contend that the tenants were stopped from challenging the validity of the first notice after serving the second notice. Having accepted that the first notice was invalid, it could not be binding. Appeal dismissed.
590 _aKA
650 2 4 _aSINCLAIR GARDENS INVESTMENTS (KENSINGTON) LTD V POETS CHASE FREEHOLD COMPANY LTD
650 2 4 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S13
650 2 4 _aLEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
650 2 4 _aNINE CORNWALL CRESCENT LONDON LTD V KENSINGTON AND CHELSEA LBC
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-RESIDENTIAL LEASEHOLD ENFRANCHISEMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2007/1776.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79097
_d79097