First-tier Tribunal Approves Enfranchisement Application
📌 In brief
The First-tier Tribunal approved the form of transfer for an enfranchisement a person, ensuring compliance with relevant regulations. This decision was made by Judge Professor Robert Abbey on 22 September 2021.
⚖️ Legal holding
The form of transfer for an enfranchisement a person must be approved by the First-tier Tribunal.
📖 Technical summary
The First-tier Tribunal approved the form of transfer for the enfranchisement a person.
📜 Headnote Official document
The First-tier Tribunal approved the form of transfer for an enfranchisement application, following a County Court Order. The application was seen, agreed, and approved by Judge Professor Robert Abbey on 22 September 2021.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BJ/OCE/2021/0097 Property : 32 & 32A [ADDRESS], [POSTCODE] Applicant : [redacted] : [NAME] Respondent : [redacted] Representative : [NAME] of [NAME] : Enfranchisement Tribunal member(s) : Judge Professor Robert Abbey Date of decision : 22 September 2021
DECISION
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Decisions of the tribunal (1) The tribunal determines that the form of Transfer attached hereto in Land Registry Form TR1 is agreed and approved The [NAME]
1. This case arises from a County Court Order made by District Judge Parker dated 26 March 2021. Under paragraph 5 of that Order the Tribunal is required to “So as to give effect to this Order, this matter shall be transferred to the First Tier Tribunal in order to approve (or otherwise amend) the terms of the Agreed Conveyance for the purpose of giving effect to the relevant terms of the acquisition”.
2. The parties submitted to the Tribunal the form of transfer in Land Registry form TR1 and this was seen, agreed and approved pursuant to the above County Court Order. Name: Judge Professor Robert Abbey Date: 22 September 2021
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).
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📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Wins Challenge Against Invalid Notice of Rent Increase
- First-tier Tribunal (Property Chamber) Tenant Entitled to Recover Reasonable Costs Under Lease Provisions
- First-tier Tribunal (Property Chamber) Local Authority Secures Annual Site License Fee Order Against Non-compliant…
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- First-tier Tribunal (Property Chamber) Landlord Granted Permission to Skip Consultation for Urgent Roof Repairs
- First-tier Tribunal (Property Chamber) Tenant Granted New Lease with Premium Set at £24,360.20
- First-tier Tribunal (Property Chamber) Tenant Wins Challenge Against Premature Rent Increase Notice
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The claim involves an urgent situation requiring immediate action.
- The claimant seeks approval for the proper form of an enfranchisement application.
- The claimant challenges a notice due to non-compliance with statutory requirements.
- The claimant requests a new lease under the relevant act.
- The claimant is entitled to recover reasonable costs if successful in their claim.
❌ Tends to be rejected
- The claimant tries to transfer a licence in violation of the Housing Act 2004.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to approve the form of transfer for an enfranchisement application.
Who was involved?
The application was submitted by the applicant and the respondent, represented by their respective solicitors.
How did the court decide, and why?
The court approved the form of transfer because it complied with the requirements set forth in the County Court Order.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The argument that mattered most was the compliance of the form of transfer with the County Court Order.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that their form of transfer complies with any relevant orders or regulations.
What evidence or documents mattered?
The form of transfer in Land Registry form TR1 was the key document considered by the court.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber) within 28 days.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for cases involving enfranchisement applications.
