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Notices

This page contains details of a number of authorities dealing with notices in enfranchisement cases.

Address for service of notice under 1993 Act

Glen International Limited v Triplerose Limited
[2007] EWCA Civ 388

The issue in this case was whether a notice under section 42 of the Leasehold Reform Housing and Urban Development Act 1993 had been served at the correct address. The 1993 Act requires that, should the landlord have given an address for the service of notices under the Landlord and Tenant Act 1987 then notices under the 1993 Act should be served at that address. The court found that an address stated to be the landlord's address for correspondence in a particular letter sent by the landlord's agent to the tenant's solicitor in the course of correspondence concerning dilapidations and insurance could not be considered to be the landlord's address for the service of notices under section 48 of the Landlord and Tenant Act 1987.


Amendment to claim notice

Howard De Walden Estates Ltd v Malekshad
[2003] EWHC 3106 (Ch), Neuberger J

The Malekshad saga continued after the HL decision on the meaning of a house. Neuberger J subsequently gave T permission to amend its original notice (pursuant to sched 3, para 6(3) of the 1967 Act) so as to limit the claim to the main house. The judge set out the circumstances in which an amendment would be permitted under para 6(3). The judge also held that T had been entitled to serve a second notice to enfranchise the mews house.


Assignment of benefit of s42 notice

Money v Westholme Investments Ltd
(Solicitors Journal, 28 March 2003, p357).

Leasehold owner served a s42 notice and paid a deposit to the freeholder pursuant to the regulations. He subsequently sold the property and assigned the benefit of the notice. The assignee did not know that the assignor had paid the deposit. The completion statement on the sale included the price of the property and the deposit. Completion took place with the parties agreeing to resolve the issue of the deposit afterwards. The assignee subsequently completed the acquisition of the lease extension and had t ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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