On the facts of the case, the ruling came as good news to the lessee because it put paid to the landlord’s contention that the transaction had caused the notice to lapse.
PP 2001/52
Q A lessee of a house has served a notice to acquire the freehold under the 1967 Act. While awaiting completion, he purports to assign the benefit of the notice, and nothing else, to X. What effect, if any, does this transaction have?
A None whatsoever according to Lightman J in South v Chamberlayne [2001] 43 EG 190, where he held that, on a true construction of section 5(2), the benefit could only be assigned together with the lease.
On the facts of the case, the ruling came as good news to the lessee because it put paid to the landlord’s contention that the transaction had caused the notice to lapse.
