The court was asked short point of statutory construction about the meaning of the phrase ‘a self-contained part of a building’ in sections 3 and 4 of the 1993 Act: ‘e only point taken by the defendant freeholder, Craftrule Ltd (‘Craftrule’), in resisting the enfranchisement claim is that the Property comprises two parts, consisting of flats 41-50 and flats 51-60 respectively, each of which (as is also common ground) would itself qualify as a self-contained part of a building within the meaning of section 3, and could not be further sub-divided into smaller self-contained parts. Craftrule’s contention is that a notice may only validly be given in respect of premises which cannot be so sub-divided, or in other words that the statutory right to collective enfranchisement is exercisable only in relation to a self-contained part of a building which does not itself comprise two or more such self-contained parts.’
Judges:
Henderson J
Citations:
[2010] EWHC 1230 (Ch), [2010] WLR (D) 138, [2010] 22 EG 107 (CS), [2010] L and TR 19, [2010] 2 EGLR 45, [2010] NPC 64, [2010] 1 WLR 2046, [2010] 31 EG 64, [2010] 3 All ER 952
Links:
Statutes:
Leasehold Reform, Housing and Urban Development Act 1993
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 22 September 2022; Ref: scu.416126
