The WLR Daily case summaries
[2024] WLR(D) 529
Upper Tribunal
Avon Freeholds Ltd v Cresta Court E RTM Co Ltd
[2024] UKUT 335 (LC)
2024 June 6; Oct 28
Upper Tribunal Judge Cooke
Landlord and tenant— Right to manage— Validity of claim— Right to manage company serving freeholder with claim notice seeking to acquire right to manage part of building containing flats let on long leases— Company not previously having served notice of invitation to participate on one lessee holding recently granted and as yet unregistered lease— Unregistered lease taking effect in equity not law— Whether lessee under equitable lease “qualifying tenant” on whom notice of invitation required to be served— Whether non-service invalidating claim notice— Whether freeholder entitled to assert invalidity—
Land Registration Act 2002 (c 9), ss 7(2)(b), 27
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Commonhold and Leasehold Reform Act 2002 (c 15), ss 75(2)(5), 78, 79(2), 112(2)