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Duke of Westminster and Others v Birrane: CA 17 Nov 1994

A basement extending under the house next door means that the property with the basement is not a not a dwelling-house for leasehold enfranchisement purposes. The result would create difficulties with flying freeholds. ‘The primary purpose of section 2(2) must have been to exclude from the operation of the Act houses in respect of which … Continue reading Duke of Westminster and Others v Birrane: CA 17 Nov 1994

The Free Grammar School of John Lyon (The Keepers and Governors of The Possessions, Revenues and Goods of) v Helman: CA 22 Jan 2014

The tenant under the long lease became bankrupt. His receiver served a notice seeking to enfranchise the lease. Held: The notice had been ineffective. Arden, Rimer LJJ, Sir David Keene [2014] EWCA Civ 17, [2014] WLR (D) 20 Bailii, WLRD Leasehold Reform Act 1967 1(1), Land Registration Act 2002 306 England and Wales Landlord and … Continue reading The Free Grammar School of John Lyon (The Keepers and Governors of The Possessions, Revenues and Goods of) v Helman: CA 22 Jan 2014

Tandon v Trustees of Spurgeons Homes: HL 1982

Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation. Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so called’ is one of law. The House made two particular points of general application on the … Continue reading Tandon v Trustees of Spurgeons Homes: HL 1982