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Tue 12 Mar 2019

County Court Decide on Validity of Section 13 Notice Relating to Separate Buildings

In a recent case the County Court was asked to decide whether a Section 13 Notice served on the Freeholder was valid.  In the case of Palgrave Gardens Freehold Co. Ltd v Consensus Business Group (Ground Rent) Ltd the tenants exercised their rights and served a Section 13 Notice under the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act).  The property in question had 288 flats comprised in five separate buildings situated over an underground car park, together with communal roadways and gardens.  The Freeholder challenged the validity of the notice on the ground that the plan did not make it clear what was being claimed in relation to the car park.  They also challenged whether the notice was in fact valid as in their view separate notices should have served for each building.

The Court found in favour of the tenants and ruled that the notice was valid and was to be construed as limited to the footprint of the blocks.  Permission was given to amend the notice to include the car park and airspace above it.  The Judge also went on to declare that the whole combined structure amounted to a building which was structurally detached and that a single notice could be served even though the estate consisted five separate detached buildings.

It is understood that the Landlord may appeal the Decision.

A copy of the decision can be found: Palgrave Gardens Freehold Co Ltd v Consensus Business Group (Ground Rents) Ltd [2019] 2 WLUK 265 (18 February 2019) (Recorder Eaton Turner).

For more information on any of the above or to discuss your leasehold needs generally, please contact Janet Douglas by email: jdouglas@jpclaw.co.uk,or by telephone: 0207 644 7262 or contact her via LinkedIn.

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. 

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