Natt v Osman – Leasehold Enfranchisment Case

Natt v Osman [2014] EWCA Civ 1520; [2014] WLR (D) 505

Piers represented the tenant in this leasehold enfranchisement case. The broad issue which the CA had to decide was whether the court can take into account the consequences of failure to comply with statutory provisions relating to notices in deciding whether the notice was valid or not.

The CA rejected that approach. The intention of the legislative as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole. The Chancellor distinguished a long line of authorities which suggested that it was permissible to look at the consequences.