Willingale v Globalgrange Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 2000 |
| Date | 13 March 2000 |
| Court | Court of Appeal (Civil Division) |
COURT OF APPEAL
Before Lord Justice Waller and Lord Justice May
Leasehold enfranchisement - freehold reversioner's failure to serve counter-notice - terms to be determined in accordance with initial notice
Where a notice was given by tenants under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, claiming to exercise their collective right to acquire the freehold of the premises, and the freehold reversioner failed within the specified period to serve a counter-notice under section 21, the court had no discretion under section 25 as to the terms on which it "may, on the application of the nominee purchaser, make an order" enabling the tenants to acquire the interests and rights set out in their proposal.
The Court of Appeal (Lord Justice Waller and Lord Justice May) so held on March 13 when dismissing an appeal by Globalgrange Ltd, the owner of 29 Langham Street, Westminster, from a preliminary ruling by Judge Roger Cooke sitting at Central London County Court on September 30, 1999, on an application by the nominee tenant, Mark Willingale, acting on behalf of himself and four other qualifying tenants, for an order determining the terms on which they could...
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9 Cornwall Crescent London Ltd v Kensington and Chelsea Royal London Borough Council
...fails to serve a counter-notice the tenants are entitled, by virtue of the Court's interpretation of section 25 of the Act in Willingale v Globalgrange Ltd [2000] 2 EGLR 55, to acquire the freehold on the terms, including those as to price, proposed in their notice. Section 25 provides, so......
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Majorstake Ltd v Curtis
..."must" or "shall". Counsel, when this point was put to them, told your Lordships that it had been held by the Court of Appeal in Willingale v Globalgrange Ltd [2000] 18 EG 152 that "may" in section 47(1) meant "must". That case, in my opinion, is no authority for that broad proposition. Th......
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Burman v Mount Cook Land Ltd
...on an application under section 49(1), to the proposals contained in the tenant's notice - see the decision of this Court in Willingdale v Globalgrange Ltd [2000] 2 EGLR 55. 8. The respondent denied that the appellant was entitled to an order under section 49 of the 1993 Act; and, by counte......
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Westbrook Dolphin Square Ltd v Friends Life Ltd
...landlord fails to serve a counter-notice he will be stuck with the tenant's rent figure. That this is the case is plainly so — Willingale v Globalgrange Ltd [2000] 2 EGLR 55. However, that is not enough to justify a forced reading of the statute, and in any event the concept of a failure to......
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Table of Cases
...Ltd [2009] UKUT 174 (LC), LRA/33/2008, (2009) September 17, UT(LC) 127, 131, 190 Willingale v Global Grange Ltd [2000] EWCA Civ 520, [2000] 2 EGLR 55, [2000] 80 P&CR 448, [2000] 12 LS Gaz R 44, CA 126 Wilson (Paal) & Co A/S v Partenreederei Hannah Blumenthal, The Hannah Blumenthal [1983] 1 ......
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Collective Enfranchisement under the Leasehold Reform (Housing and Urban Development) Act 1993
...counter-notice was given, either the landlord or the tenant may apply to the FTT 36 Willingale v Global Grange Ltd [2000] EWCA Civ 520, [2000] 2 EGLR 55. to determine the matters in dispute (section 24(1) of the 1993 Act). The application is governed by the Leasehold Valuation Tribunals (Pr......