![CA-2024-002828 - [2025] EWCA Civ 1016](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
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Neutral Citation Number: [2025] EWCA Civ 1016
Case No: CA-2024-002828
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL (LANDS CHAMBER)
Upper Tribunal Judge Elizabeth Cooke
[2024] UKUT 335 (LC)
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 30 July 2025
Before:
LORD JUSTICE NEWEY
LORD JUSTICE JEREMY BAKER
and
SIR LAUNCELOT HENDERSON
Between:
Avon Freeholds Limited | Appellant |
- and - | |
Cresta Court E RTM Company Ltd | Respondent |
Justin Bates KC and Sophie Gibson (instructed by Scott Cohen Solicitors Limited) for the Appellant
Winston Jacob and Chelsea Sparks (instructed by direct access) for the Respondent
Hearing date: 19 June 2025
Approved Judgment
This judgment was handed down remotely at 11.00 am on 30 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- Sir Launcelot Henderson
- The decision of the Upper Tribunal
- The statutory framework
- The facts
- Issue 1: was Ms O’Connor a qualifying tenant?
- This conclusion was in her view consistent with the analysis of the Deputy President in the 7 Sunny Gardens case (see [40] above) and also with the reasoning of the Supreme Court in A1 Properties, whe
- As the Judge put it at [61]
- Discussion of Issue 1
- Issue 2: Did the failure to give a participation notice to Ms O’Connor invalidate the claim notice served by the respondent on 21 January 2022?
- The decision of the UT on Issue 2
- Conclusions