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York House (Chelsea) Limited v Thompson [2019] EWHC 2203 (Ch)

Property

The Defendant landlords granted 14 leases of corridors, airspace, courtyards and other parts of a block of flats in Chelsea to one or the other of them with a view to frustrating a collective enfranchisement claim. They did not serve s5 notices under the Landlord and Tenant Act 1987. A group of tenants served purchase notices under that Act. There were numerous issues, including whether the leases were gifts, whether they fell within the exemptions for transfers by joint owners or gifts to a family member, and if not, whether the Act applied to some or all of the relevant premises. The claim was dismissed on the grounds that the leases fell within the exemptions, but it was held that the Act did apply to most of the premises demised by the leases. Thomas Jefferies and Kim Ziya acted for the claimants.

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