13 January 2017
Kateb v Howard de Walden Estates Ltd and another [2016] EWCA Civ 1176, [2016] All ER (D) 42 (Dec)
The Court of Appeal held that the proper construction of para 7 of Sch 11 to the Leasehold Reform Housing and Urban Development Act 1993 was to give “other” landlords, as defined under the Act, a right to be represented and heard in tribunal proceedings, but nothing more. Consequently, the court dismissed the claimant intermediate landlord’s appeal, and upheld the finding of the First-tier Tribunal (Property Chamber) that an agreement between the competent landlord and the tenant was binding upon the claimant, notwithstanding the fact that she had exercised her right to be separately represented.
