Archive for August 2006
The Claimant obtained an injunction compelling the Defendant to grant an underlease to a major retailer. The failure to grant the underlease would amount to a breach of management obligations under the lease.
The Court of Appeal construed the meaning of the term “premises in which the flat is contained” within the Leasehold Reform, Housing and Urban Development Act 1993 section 47(2)(b). The Court held that it could mean two flats in a building that were horizontally or vertically contiguous.
The Defendants were estopped from claiming that Claimant trustees of a family settlement were not entitled to possession of a site of land.