header-logo header-logo

Watch your step

21 October 2011 / Daniel Robinson , Nathaniel Duckworth
Issue: 7486 / Categories: Features , Property
printer mail-detail

Nathaniel Duckworth & Daniel Robinson on how to sidestep potential pitfalls in enfranchisement claims.

As all enfranchisement practitioners are aware, the legislation contains numerous potential traps for the unwary. The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is littered with time limits which are often expressed in a convoluted way and the validity of notices is determined by arbitrary rules, such as the requirement for a notice to be signed by the tenant personally and not on his behalf.

Practitioners will also be aware of the common practice of serving successive notices under LRHUDA 1993, or withdrawing one notice and serving another at a later date. There are a myriad of reasons why this may be done. It may be that the validity of a notice has been disputed by the landlord and the tenant therefore serves a second notice that remedies the alleged defect but which is served without prejudice to the validity of the first notice. It may be that the tenant no longer wishes to proceed with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll