The landlords resisted a claim for enfranchisement saying that the appellants were no longer tenants under section 42 of the 1993 Act, the lease having expired. The property was made up of five flats, and was not itself a house.
Held: The tenant’s appeal was dismissed. Paragraph 5 of the schedule 12 of the 1993 Act is clear. The lease that is continued is the lease of the flat the subject of the claim and only that lease. The continuation of the lease applied only to the flat comprised in the notices, and not to the head lease. The continuation was in order to determine the claim, and once it was determined the automatic continuation ceased.
Tuckey LJ, Jacob LJ, Sir William Aldous
[2008] EWCA Civ 1428, Times 15-Jan-2009, [2009] 1 WLR 1556, [2009] 1 EG 77, [2009] 12 EG 104, [2009] NPC 1, [2009] L and TR 9, [2009] 1 EGLR 50, [2009] 1 P and CR DG15
Bailii
Leasehold Reform Act 1967 Sch12.5, Leasehold Reform, Housing and Urban Development Act 1993 13 42
England and Wales
Citing:
Cited – Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others HL 25-Jun-2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, . .
Cited – Malekshad v Howard de Walden Estates Limited HL 5-Dec-2002
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed.
Held: The vertical division meant that the two houses could not be enfranchised as one under . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 December 2021; Ref: scu.278970
