Legal News

Family gift exception used to retain development value without triggering statutory pre-emption provisions (York House v Thompson)

Family gift exception used to retain development value without triggering statutory pre-emption provisions (York House v Thompson)
Published on: 16 August 2019
Published by: LexisPSL
  • Family gift exception used to retain development value without triggering statutory pre-emption provisions (York House v Thompson)
  • What are the practical implications of this case?
  • What was the background?
  • What is the law in this area?
  • What were the issues involved?
  • What did the court decide?
  • What was the court’s reasoning on section 4(2)(e)?
  • Was the grant of the Leases capable of being a gift?
  • Was the gift to a member of the landlord’s family?
  • Were the disposals relevant disposals affecting premises to which LTA 1987 applied?
  • More...

Article summary

Property analysis: A husband and wife were able to avoid triggering the statutory pre-emption provisions by granting leases of various parts of the building they owned to one or other of themselves. The grants fell within the exception of a gift to family. Their motive, to retain the development value in the building, in view of a proposed collective enfranchisement claim, was irrelevant. or take a trial to read the full analysis.

Popular documents