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Successor in title to landlord not imputed with knowledge of tenant’s nominated address for notices (Obi-Ezekpazu v Avon Ground Rents)

Published on: 20 May 2022
Published by: LexisPSL
  • Successor in title to landlord not imputed with knowledge of tenant’s nominated address for notices (Obi-Ezekpazu v Avon Ground Rents)
  • What are the practical implications of this case?
  • What was the background?
  • What did the tribunal decide?
  • Case details

Article summary

Property analysis: The Upper Tribunal (UT) held that the successor in title to a landlord was not imputed with knowledge of an alternative address for service nominated by the tenant and notified to a previous landlord. However, the ground rent demands had not been validly served by the landlord due to section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) which provides a positive right of nomination of an address which will displace any other assumed addresses. The demands had not been sent to the alternative address nominated by the tenant and so they had not been validly given and the administration charges expended in seeking to recover ground rent were not payable. Written by Camilla Waszek, senior associate at JB Leitch Ltd. or take a trial to read the full analysis.

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