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73 Denmark Villas Hove Ltd v Elbaccush [2006] PLSCS 164

DATE: 20 Jun 2006

It was held that the nominee purchaser’s application to court for a vesting order under section 24(4) of the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) had been made in time. Such application must be made within the period of 2 months of the date on which all of the terms of acquisition as defined in section 24(8) of the 1993 Act have been agreed For these purposes it was held as a matter of statutory construction that where a voluntary leaseback has been requested in the reversioner’s counter notice, “the terms of acquisition” included the terms of such a leaseback. The court also held (obiter) that a reversioner was not debarred from requesting a voluntary leaseback if it had not been specified in its counternotice.

Camilla Lamont appeared for the successful claimant.