Freeholder Loses Out After Not Giving Notices
Kensington Heights Commercial Co Ltd v Campden Hill Developments Ltd
[2007] EWCA Civ 245
CA
21 March 2007
Weekly Law Notes Summary
Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants under s 5 of the Landlord and Tenant Act 1987, the tenants had the rights conferred by s 12C of the Act rather than those conferred by s 12B. Therefore the appropriate course was for the tenants to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.