Who do you serve notice on when ownership has changed but Land Registry records haven't caught up?

In this episode of Unpacking the Case, we explore the High Court's decision in Bennetts Courtyard Limited v Bennetts Courtyard Airspace Limited [2026] EWHC 1119 (Ch).

The case involved a valuable airspace worth around £1.5 million, and an important problem known as the registration gap. This is a common issue as transfers of whole can take around 16-19 weeks for the Land Registry to process. A transfer of the freehold had completed, but the new owner had not yet been registered at HM Land Registry. Millions of applications hit the Land Registry’s system monthly, creating bottlenecks. When leaseholders served a collective enfranchisement notice, they served it on the equitable owner rather than the legally registered proprietor. The High Court confirmed that this was a fatal mistake.

This episode highlights the significant consequences that can arise from getting the notice procedure wrong. Richard and Lizzie discuss what the decision means, why the distinction between legal and equitable ownership remains so important, and the steps that parties should take before serving statutory notices.

Relevant Cases & Legislation:

Pye v Stodday [2016]

Leasehold Reform, Housing and Urban Development Act 1993

East Lindsey District Council v Thompson (2001)

Brown & Root Technology Ltd v Sun Alliance and London Assurance Co Ltd [1997]

Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor [2018]

Baker v Craggs [2018]