The tenant of a house had subdivided it and let off the flats. He sought to acquire the freehold.
Held: Where none of the subtenants themselves had qualifying leases, the head tenant could be in sufficient occupation to be able to buy the freehold.
Judges:
The Hon Mr Justice Laddie Lord Justice Jonathan Parker
Citations:
[2004] EWCA Civ 969, Times 03-Aug-2004, [2004] 1 WLR 2768, [2005] 1 All ER 280
Links:
Statutes:
Leasehold Reform Act 1967 1(1ZB), Leasehold Reform, Housing and Urban Development Act 1993 101(b)
Jurisdiction:
England and Wales
Citing:
Cited – Hanlon v The Law Society HL 1981
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings.
Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial . .
Cited – Crean Davidson Investments Ltd v Earl Cadogan 1998
A headlessee can be a ‘qualifying tenant’ for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act. . .
Cited – Pittalis v Grant CA 1989
A point was raised for the first time on appeal.
Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where . .
Cited – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 14 November 2022; Ref: scu.199563
