Colegate & Oths v GJB Estates Ltd & Oths 10 December 2018 CC, HHJ Berkley, Unreported
10th January 2019
Carl Fain successfully represented the defendants in this claim under s.12B of the Landlord and Tenant Act 1987.
The First Defendant (freeholder) granted a lease of a flat to the connected Second and Third Defendants after the Claimants had served a purchase notice pursuant to s.12B of the Landlord and Tenant Act 1987. In a novel case, the judge held that the Claimant would not be entitled to acquire the freehold free of the lease of this flat and that pursuant to s.12B(5), the Claimants would be entitled to acquire the freehold subject to the lease of the flat for a price to be determined by the FTT.
The judgement can be found here.