Capital Developments Waterloo Ltd v Talha Ali Mohiyuddin

Facts

Capital Developments Waterloo Ltd was developing land and buildings on the south west side of Hicks Road, Waterloo, Liverpool, registered under title number MS322997, converting an existing office block into 44 residential apartments over five floors, the new development being known as Sky Gardens, Crosby Road North. On 16 November 2018 the applicant and the respondent, Talha Ali Mohiyuddin, entered into an agreement for a lease of Flat G05 (also known as Flat 52) for a term of 250 years from 1 January 2017 at a premium of £55,995.00, of which £19,598.25 was paid as a deposit. On 20 December 2018 the respondent entered a unilateral notice against the title, appearing at item 86 of the Charges Register. Ideal Corporate Solutions were appointed administrators of the applicant on 7 June 2022. The applicant's solicitors, Kuits, served a notice to complete with the practical completion certificate on 9 August 2023, and a further notice on 27 September 2023 requiring completion by 12 October 2023. Completion did not take place and the applicant rescinded the agreement on 15 November 2023. The applicant applied on 22 November 2023 to remove the unilateral notice; the respondent objected on 15 March 2024, and the matter was referred to the Tribunal on 13 June 2024.