LVT/0025/10/22: Flat 4, 52 Clive Road, Cardiff – Preliminary Issue Decision
| Judgement Number | LVT/0025/10/22 |
| Date | 24 January 2023 |
| Court | Leasehold Valuation Tribunals |
| Subject Matter | Section 48(1) |
| Applied Rules | LRHUD Act 1993 |
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Y TRIBIWNLYS EIDDO PRESWL
RESIDENTIAL PROPERTY TRIBUNAL
LEASEHOLD VALUATION TRIBUNAL
Reference: LVT/0025/10/22
In the Matter of Flat 4, 52 Clive Road, Canton, Cardiff, CF5 1HG
And in the Matter of an Application under Section 48(1) Leasehold Reform Housing and
Applicant: Jane M Proctor
Respondents: (1) Gareth William Austin
(2) Jason Hadyn Austin
(3) David Iwan Wyn Jeffreys
Tribunal: Colin Green (Legal Chair)
Mark Taylor MRICS (Surveyor Member)
Dr. Angie Ash FRSA (Lay Member)
Date of Hearing: 16 January 2023
DECISION
The Applicant’s section 42 notice is not valid and accordingly her application under
Section 48(1) of the Leasehold Reform Housing and Urban Development Act 1993 is
dismissed.
REASONS
Preliminary
1. This application has been made by Mrs. Proctor, the Applicant, under section 48(1) of
seeking a renewal of her lease of Flat 4, 52 Clive Road, Canton, Cardiff, CF5 1HG (“Flat
4”). Chapter II of Part I of the 1993Act gives individual tenants of flats who hold a long
lease at a low rent the right to an extension of that lease. Mrs. Proctor’s lease of Flat
4 is for a term of 99 years from 1 October 2004, which was assigned to her in
December 2011. There is no dispute that it is at a low rent.
2. In order to exercise the right, the tenant must give notice of his or her intention to do
so (referred to as “the tenant's notice”) to the landlord and to any third party to the
tenant's lease: section 42(2). The freehold reversion of 52 Clive Road has been vested
in the three Respondents since May 1998 under title number WA94844. It is they
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