Raymere Ltd. v Belle Vue Gardens Ltd.

Raymere Ltd. v Belle Vue Gardens Ltd.

Supplying office copy entries predating the relevant date, but showing the tenants as registered proprietors, constitutes compliance with a section 20 notice for the purposes of the 1993 Act. The requirement is procedural, and any challenge to the adequacy of title should be raised in the counter-notice under section 21. Failure to provide conclusive proof does not automatically trigger deemed withdrawal under section 20(3) if there has been a good faith attempt to comply.

Parties
Appellant: Raymere Ltd; Respondent: Belle Vue Gardens Ltd
Jurisdiction
England and Wales
Judgment Date
17 July 2003
Procedural Posture
Civil Appeal / Appeal From Winchester County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Collective Enfranchisement, Deduction of Title, Leasehold Reform, Statutory Interpretation
Land Law Landlord and Tenant Collective Enfranchisement Deduction of Title Leasehold Reform Statutory Interpretation

Case Brief

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Parties

Raymere Ltd

Appellant

Belle Vue Gardens Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Winchester County Court to Court of Appeal

Legal Issues

  1. 1 What is the proper construction of section 20 of the Leasehold Reform, Housing and Urban Development Act 1993 regarding the requirement to deduce title?
  2. 2 Does supplying office copy entries predating the relevant date comply with a section 20 notice?

Ratio Decidendi

Supplying office copy entries predating the relevant date, but showing the tenants as registered proprietors, constitutes compliance with a section 20 notice for the purposes of the 1993 Act. The requirement is procedural, and any challenge to the adequacy of title should be raised in the counter-notice under section 21. Failure to provide conclusive proof does not automatically trigger deemed withdrawal under section 20(3) if there has been a good faith attempt to comply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Agreed order lodged with court