• Sectors we work in banner(2)

    Quick Reads

Defects in Notices - the Supreme Court considered whether trivial mistakes are fatal

Today the Supreme Court hears a leap-frogged appeal which could have a seismic impact on property notices and their effects. 

The specific question under consideration is whether a claim notice to acquire the statutory right to manage premises was invalidated because it wasn't served on an intermediate landlord who had no management responsibilities under the leases. The relevant statute explicitly states that the notice is required to be served on an intermediate landlord. However, following a Court of Appeal decision in 2017, the current position is that certain defects will not automatically cause a notice to fail. In that case, the Court decided the failure to serve an intermediate landlord who had no management responsibility did not invalidate the claim notice to acquire the right to manage. This decision is being challenged today in a higher Court: the Supreme Court. 

The hearing and subsequent decision is likely to be of much wider application than the question under scrutiny in this case. It is hoped the Supreme Court will take the opportunity to clarify the general test to be applied when there is an error in a property notice, which will be of huge significance to the wider property industry. Landlords and tenants alike will welcome clarity on whether statute must be strictly complied with or whether there is any grace granted for "trivial" errors in property notices.   

The importance and potential wider significance of this hearing is emphasised by a property industry body: the Association of Leasehold Enfranchisement Practitioners (ALEP) applying and being granted permission to be joined to the proceedings to draw various points about the current law to the Court’s attention, while adopting a neutral stance.  

The Supreme Court is expected to reserve its decision until a later date.

It is a melancholy fact that whenever Parliament lays down a detailed procedure for exercising a statutory right, people get the procedure wrong. This is one such case.

Our thinking

  • Standard of repair put to the test - Estates Gazette Q&A

    Emma Humphreys

    Insights

  • The Leasehold and Freehold Reform Bill gains Royal Assent

    Laura Bushaway

    Quick Reads

  • Injunctions against potential protesters - Estates Gazette Q&A

    Samuel Lear

    Insights

  • Property Patter: Great Estates Miniseries - part 2

    Cara Imbrailo

    Podcasts

  • Property Week quotes Claire Fallows on Labour's proposed new towns programme

    Claire Fallows

    In the Press

  • Property Patter - Great Estates Miniseries - part 1

    Cara Imbrailo

    Podcasts

  • Freight and logistics – still on the agenda

    Sadie Pitman

    Quick Reads

  • A Glimpse into Saudi Arabia's Tourism and Leisure Vision 2030 and Beyond

    Reem Al Mahroos

    Quick Reads

  • The Building Safety Act 2022 – Considerations for Real Estate Lenders

    James Walton

    Insights

  • Property Patter: Building and Fire Safety Miniseries - part 2

    Richard Flenley

    Podcasts

  • Charles Russell Speechlys advises on the new build residential sales at the super-prime Chelsea Barracks development

    Suzi Gatward

    News

  • DIFC Courts Release 2023 Annual Report

    Peter Smith

    Quick Reads

  • Acting reasonably over consent applications

    Harriet Durn

    Insights

  • Charles Russell Speechlys continues to strengthen its Real Estate team with the hire of Nicholas Burt

    Nick Burt

    News

  • Cara Imbrailo and Ilona Bateson write for Fashion Capital on pop-up shops

    Cara Imbrailo

    In the Press

  • Planning and Life Sciences: the challenges and opportunities in the Golden Triangle

    Sophie Willis

    Quick Reads

  • Second reading of Leasehold and Freehold Reform Bill in the House of Lords

    Laura Bushaway

    Quick Reads

  • Charles Russell Speechlys boosts its Real Estate offering with the arrival of Kim Lalli and Rafe Courage

    Kim Lalli

    News

  • Property Patter: Building and Fire Safety Miniseries - part 1

    Michael O'Connor

    Podcasts

  • House of Lords calls for property agent regulation

    Laura Bushaway

    Quick Reads

Back to top