Q&As

A plan has been annexed to the initial notice served under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, which erroneously identifies ‘specified premises’ as ‘appurtenant property’. Will this error invalidate the notice?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 18/09/2018

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A plan has been annexed to the initial notice served under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, which erroneously identifies ‘specified premises’ as ‘appurtenant property’. Will this error invalidate the notice?

A plan has been annexed to the initial notice served under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, which erroneously identifies ‘specified premises’ as ‘appurtenant property’. Will this error invalidate the notice?

Under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993):

‘(1) A claim to exercise the right to collective enfranchisement with respect to any premises is made by the giving of notice of the claim under this section…

(3) The initial notice must—

(a) specify and be accompanied by a plan showing—

(i) the premises of which the freehold is proposed to be acquired by virtue of section 1(1),

(ii) any property of which the freehold is proposed to be acquired by virtue of section 1(2)(a), and

(iii) any property over which it is proposed that rights (specified in the notice) should be granted in connection with the acquisition of the freehold of the specified premises or of any such property so far as falling within section 1(3)(a) [Note: this reference in the statute to s 1(3)(a) is probably a drafting mistake; it was probably the intention to refer to s 1(2)(a)]…

(12) In this Chapter “the specified premises”, in relation to a claim made under this Chapter, means—

(a) the premises specified in the initial notice under subsection (3)(a)(i), or (b) if it is subsequently agreed or determined under this

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