Did You Miss? Prescott Place Freeholder Ltd V Batin [2023] EWHC 1445 (Ch)

• Published date: 05 July 2023
• Law Firm: Gatehouse Chambers
• Author: Ms Lina Mattsson

Following trial, Mr Justice Richards had to determine various consequential matters. The key question was whether an order made pursuant to s 19 of the Landlord and Tenant Act 1987 was in interest in land or created purely personal rights and obligations.

C2-8 were long residential leaseholders. C1 was a company nominated by them to acquire the freehold of their building. SD became registered proprietor of the property in 2004. SD held the property on trust for D2. D2's interest was unregistered. In May 2014, SD transferred the property to D1 for '125,000. The 2014 Transfer resulted in D1 taking free of D2's beneficial interest. The 2014 Transfer was a "relevant disposal" for the purposes of s4 of the 1987 Act. That triggered C1's right under the 1987 Act to seek to acquire the freehold interest in the property from D1.

On 25 February 2019, Cs commenced proceedings in the County Court seeking an order under s19 of the 1987 Act requiring D1 to convey the freehold interest in the property to C1. On...