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Property Week quotes David Haines on a High Court case brought by Annington Homes over the government’s bid to reclaim an £8bn portfolio of military residential properties

A High Court case brought by Annington Homes over the government’s bid to reclaim a £8bn portfolio of military residential properties is being watched closely by the industry. It is said the outcome could have further implications for the Leasehold Reform Act 1967.

Annington Homes launched a judicial review on 13 February, claiming the Ministry of Defence (MoD) was acting unlawfully in its bid to take back ownership of the homes for military service families sold to the company in 1996. Following the sale, the MoD rented the homes on a 200-year lease, taking responsibility for maintenance costs.

David Haines, Partner and Head of Real Estate comments that the case is “novel and unusual”, involving “complex areas of enfranchisement and public law”.

David adds that if successful, the MoD could “effectively rewrite the deal struck by the parties in 1996, potentially returning billions of pounds to the secretary of state”.

“This is surely not what parliament was intending when the LRA was brought into force. We await the court’s decision with interest.”

Read the full article in Property Week here.

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