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Commonhold and Leasehold Reform Act 2002
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Commonhold and Leasehold Reform Act 2002, Section 10 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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10 Extinguished lease: liabilityE+W
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a lease is extinguished by virtue of section 7(3)(d) or 9(3)(f), and
(b)the consent of the holder of that lease was not among the consents required by section 3 in respect of the application under section 2 for the land to become commonhold land.
(2)If the holder of a lease superior to the extinguished lease gave consent under section 3, he shall be liable for loss suffered by the holder of the extinguished lease.
(3)If the holders of a number of leases would be liable under subsection (2), liability shall attach only to the person whose lease was most proximate to the extinguished lease.
(4)If no person is liable under subsection (2), the person who gave consent under section 3 as the holder of the freehold estate out of which the extinguished lease was granted shall be liable for loss suffered by the holder of the extinguished lease.
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