The tenant served a notice of its desire to purchase the freehold. The landlord objected that the property was no longer a house as required under the Act, having become dilapidated and unoccupied.
Held: The nature of the occupancy was to be tested as at the date of the issue of the notice and not the date of the grant of the tenancy.
Judges:
Law, Tuckey, Carnwath LJJ
Citations:
Times 26-May-2006, [2006] EWCA Civ 594, [2006] 1 WLR 2848
Links:
Statutes:
Leasehold Reform Act 1967 2(1)
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Cited by:
Appeal from – Boss Holdings Ltd v Grosvenor West End Properties and others HL 30-Jan-2008
The tenant sought to enfranchise the property under the 1967 Act. The freeholders replied that it was not a ‘house’ within the Act at the time of the notice. It had been built in the eighteenth century as a house, but the lower floors had been . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 July 2022; Ref: scu.242440