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Leasehold enfranchisement has become increasingly common, especially
since the requirements for enfranchisement were relaxed by Commonhold
and Leasehold Reform Act 2002. But, it is an area full of pitfalls, with strict
requirements on the content of service of notices, as well as numerous time
limits.
Against that background, a recent decision of the Leasehold Valuation
Tribunal (LVT) can possibly be seen as indicating a more pragmatic, and less
strict, approach. In the particular case, the LVT decided that it was not restricted to determining the disputed terms of acquisition on a single
occasion (ie there could be several determinations by the LVT), and also
there is no need for matters to be precisely pleaded in an application to
determine matters in dispute. Whilst some might criticise this decision
because it could allow either side to raise any issues before the LVT, rather
than in advance, it does have the great merit of taking a more pragmatic
approach to the interpretation of the Regs. Whether this is a precursor of a
generally less legalistic approach within LVTs remains to be seen. See note
on Sinclair Gardens [2006] EWLands LRA/77/2005 in [2006] SJ 1172. .
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October 2006 |
