05 February 2016
Tibber v Buckley and another [2015] EWCA Civ 1294, [2016] All ER (D) 74 (Jan)
The Court of Appeal allowed in part an appeal against a decision of the Upper Tribunal (Lands Chamber) in respect of the demised premises under a leaseback pursuant to Pt IV of the Leasehold Reform Housing and Urban Development Act 1993. The tribunal had erred in giving insufficient reasons for its decisions and the court remade the decision and defined the extent of the demise to be granted under the leaseback. It held that, beyond identifying in the counter-notice the flat or other unit that was sought to be the subject of a leaseback, there was no need for a reversioner also to spell out in the counter-notice any of his proposed terms of the leaseback.
