Bishop & Sewell recently acted for the Association of Leasehold Enfranchisement Practitioners in their intervention in the landmark Supreme Court case of A1 Properties v Tudor Studios RTM.
Bishop & Sewell appeared on a pro-bono basis as did Philip Rainey KC and Mark Loveday who appeared for the interveners.
ALEP is a not for profit organisation representing solicitors and surveyors working in the specialist field of enfranchisement.
A link to the decision appears here.
The decision, handed down on 16th August, re-sets the approach of the courts to minor procedural errors made when attempting to comply with the often complex requirements of property statutes.
The court has partly overruled 2015 guidance by the Court of Appeal in Natt v Osman, which laid down stricter rules for compliance with procedural requirements in property legislation, and disagreed with the reasoning of the Court of Appeal in Elim Court (2018)
In dismissing the appeal, the Supreme Court accepted arguments advanced by ALEP and the appellant right to manage company that Natt v Osman was inconsistent with the revised framework for assessing compliance with statutory requirements laid down in the earlier 2005 House of Lords decision in R v Soneji.
Mark Chick commented as follows:
‘The law relating to notices continues to cause difficulty, particularly where mandatory procedures laid down by Parliament are not followed. The question that the courts have had to grapple with over the years is what the consequences of that non-compliance should be. The case of A1 v Tudor provides a thorough review of the law in this area and provides greater clarity in that the courts will now look to the consequences of any non-compliance and in particular the extent of the prejudice to any party affected by that non-compliance.”
Contact our Landlord & Tenant team
If you have a query concerning leasehold property, then please contact our expert Landlord & Tenant team by emailing leasehold@bishopandsewell.co.uk or call on +44(0)20 7631 4141.
The above is accurate as at 16 August 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
