Gray's Inn Investments Ltd v Jolleys

• Published in: The Estates Gazette p. 38
• Format: Trade Publication Article
• Language: English
• Published: Sutton Reed Business Information UK 20.01.2024
• Subjects: Liability; Urban development
• ISSN: 0014-1240; 2059-5123

Upper Tribunal (Lands Chamber) 3 January 2024 Judge Elizabeth Cooke [2024]UKUT2(LQ [2024] PLSCS 7 Landlord and tenant - Leasehold enfranchisement - Costs - Long lessee of flat serving notice to extend lease -Lease transferred to respondent together with assignment of benefit of notice -Respondent applying to determine terms of proposed lease extension -Appellant landlord seeking costs of application - First-tier Tribunal refusing application - Appellant appealing -Whether respondent liable for reasonable costs incurred by appellant under section 60 of Leasehold Reform, Housing and Urban Development Act 1993 - Appeal allowed Under Chapter 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993, qualifying tenants holding a long lease of a flat had the right to acquire an extended lease by the lessee serving on the landlord a notice under section 42. [...]the effect of section 43(1) was that when the respondent took the benefit of the section 42 notice, she also took on the liabilities that went with it. [...]section 43(2) provided that "references... to... the tenant shall, in so far as the context permits, include their assigns", and that meant that the reference to the tenant in section 60(1) included the tenant's assignee. [...]the FTT's decision would be set aside, and the Upper Tribunal would substitute its own decision that the respondent was liable to pay the appellant's costs under section 60 of the 1993 Act.