A recent Court of Appeal case underlines again the court's strict approach to compliance with statutory requirements in enfranchisement cases
Published on 4th Dec 2014
The Court of Appeal has recently looked into the question of collective enfranchisement. In this case, tenants of a property comprising four sets of premises spread over three floors (of which Flat 4 was in the third floor attic space) served notice stating that the property contained only 3 flats and making no reference to the tenant of Flat 4 (on the basis that they thought that Flat 4 fell within the demise of Flat 3). The Court found that the notice was invalid.
As Sue Thompson comments, “Notices are frequently invalid for seemingly trivial errors. This case is a further example of the potential pitfalls that can trip up the unwary when dealing with enfranchisement issues. It highlights the risk and ease with which a claim can be invalidated.” The case acts as a reminder of the necessity to obtain legal advice when dealing with collective enfranchisement.
