FSV Freeholders Limited v SGL 1 Limited

FSV Freeholders Limited v SGL 1 Limited

Where section 5(3) LTA 1987 applies, the offer notice must contain particulars relating to the severed transaction for each building, not the overall contract for the entire property. The statutory requirements are satisfied by providing the terms for the building in question. The omission of the overall contract price, deposit, and condition precedent did not invalidate the notices.

Parties
Appellant: FSV Freeholders Limited; Respondent: SGL 1 Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Right of First Refusal, Statutory Interpretation, Service of Notices, Compliance With Landlord and Tenant Act 1987
Land Law Landlord and Tenant Right of First Refusal Statutory Interpretation Service of Notices Compliance With Landlord and Tenant Act 1987

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Parties

FSV Freeholders Limited

Appellant

SGL 1 Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether section 5 and 5A Landlord and Tenant Act 1987 require offer notices to contain the terms of the overall disposal or only the severed transaction for each building
  2. 2 Whether omission of the overall contract price, deposit, and condition precedent in the offer notices invalidated them under the Act

Ratio Decidendi

Where section 5(3) LTA 1987 applies, the offer notice must contain particulars relating to the severed transaction for each building, not the overall contract for the entire property. The statutory requirements are satisfied by providing the terms for the building in question. The omission of the overall contract price, deposit, and condition precedent did not invalidate the notices.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed