Curzon v Wolstenholme & Ors

Curzon v Wolstenholme & Ors

An initial notice under section 13 of the 1993 Act, not protected by registration, ceases to have effect upon transfer of the freehold reversion and is not revived upon re-transfer to the original freeholder. The tribunal had no jurisdiction to determine the terms of transfer based on the original notice. Agreed...

Source-derived case information.

Parties
Appellant: Mr Pavel L V Curzon; Respondents: Mr M C Wolstenholme and Others
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal allowed on the Notice Issue; tribunal had no jurisdiction to proceed. Disputed Price Issue did not arise but would have been dismissed if necessary.
Legal Topics
Collective Enfranchisement, Leasehold Reform, Effect of Unprotected Initial Notice, Statutory Interpretation, Binding Nature of Agreed Terms
Property Law Collective Enfranchisement Leasehold Reform Effect of Unprotected Initial Notice Statutory Interpretation Binding Nature of Agreed Terms

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Parties

Mr Pavel L V Curzon

Appellant

Mr M C Wolstenholme and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether an initial notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, not protected by registration, remains enforceable against the original freeholder after transfer and re-transfer of the freehold reversion.
  2. 2 Whether, after unconditional agreement of the price for the freehold reversion, either party may resile and require the price to be determined by the tribunal.

Ratio Decidendi

An initial notice under section 13 of the 1993 Act, not protected by registration, ceases to have effect upon transfer of the freehold reversion and is not revived upon re-transfer to the original freeholder. The tribunal had no jurisdiction to determine the terms of transfer based on the original notice. Agreed terms of acquisition cannot be unilaterally revisited except on grounds of change of circumstances after all terms are agreed or determined.

Court Disposition

Appeal allowed on the Notice Issue; tribunal had no jurisdiction to proceed. Disputed Price Issue did not arise but would have been dismissed if necessary.

Orders

  • Appeal allowed in relation to enforceability of the initial notice.
  • Application before the tribunal should have been dismissed.