Prescott Place Freeholder Ltd v Donovan

Subject Matter

LANDLORD AND TENANT — Lease — Tenants’ right of first refusal — Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal — Tenants obtaining order requiring purchaser to dispose of freehold to their nominee — Purchaser subsequently granting unregistered equitable leases to third party — Whether purchaser precluded from granting interests after making of order — Whether equitable leases binding tenants’ nominee on acquisition of freehold — Landlord and Tenant Act 1987 (c 31), ss 12B(5), 19

[2023] EWHC 435 (Ch); [2023] 1 WLR 2891; [2023] WLR(D) 269, Ch D

LANDLORD AND TENANT — Lease — Tenants' right of first refusal — Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal — Tenants obtaining order requiring purchaser to dispose of freehold to their nominee — Purchaser subsequently granting unregistered equitable leases to third party — Whether order giving nominee equitable interest in property — Whether such interest taking priority over interests in leases — Whether conveyance of freehold title resulting in nominee taking free of interests in leases — Landlord and Tenant Act 1987 (c 31), s 19 — Land Registration Act 2002 (c 9), s 28

[2023] EWHC 1445 (Ch); [2023] 1 WLR 2926; [2023] WLR(D) 275, Ch D

LANDLORD AND TENANT — Lease — Tenants’ right of first refusal — Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal — Tenants obtaining order requiring purchaser to dispose of freehold to their nominee — Purchaser subsequently granting unregistered equitable leases to third party — Concurrent proceedings in County Court and First-tier Tribunal — Whether “relevant disposal” of property — Whether abuse of process to argue purchaser holding freehold on trust for beneficiary when beneficiary not joined as party to County Court and tribunal proceedings — Whether order creating immediate equitable interest in land — Landlord and Tenant Act 1987 (c 31), ss 4(2)(g), 12B(2)(5), 19(1) — Land Registration Act 2002 (c 9), s 28

[2024] EWCA Civ 298; [2024] 1 WLR 4460; [2024] WLR(D) 145, CA

LANDLORD AND TENANT — Lease — Tenants’ right of first refusal — Landlord disposing of freehold to purchaser in breach of statutory duty to give tenants first refusal — Tenants obtaining County Court order requiring purchaser to dispose of freehold to their nominee — Purchaser subsequently granting third party leases of two flats in property — Nominee bringing claim in High Court seeking injunction restraining third party from registering leases — Whether abuse of process for third party to assert beneficial interest in property for first time in High Court — Whether County Court’s order creating immediate equitable interest in land — Landlord and Tenant Act 1987 (c 31), ss 12B(2)(5), 19(1)

[2024] EWCA Civ 298; [2024] 1 WLR 4460; [2024] WLR(D) 145, CA

Appellate History