Litigation in the Leasehold Valuation Tribunal after Sinclair Gardens may become more uncertain, but Laura Collignon welcomes the pragmatic approach.
A recent decision on the jurisdiction of the Leasehold Valuation Tribunal (LVT) preserves flexibility, perhaps at the expense of certainty and finality. Leasehold enfranchisement has been a growth area since the requirements for enfranchisement were relaxed by the Commonhold and Leasehold Reform Act 2002, but, as practitioners will be aware, it is a field not without its pitfalls. There are strict requirements for the content and service of notices, and numerous time limits. Non-compliance can result in sudden death and the need to restart the entire process.
In this context, the recent decision of the Lands Tribunal in Sinclair Gardens Investments Kensington Ltd v Eardley Crescent No 75 Ltd  EWLands LRA/77/2005 (ju...