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Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004

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:

Bailii

Statutes:

Leasehold Reform Act 1967 1(1ZB), Leasehold Reform, Housing and Urban Development Act 1993 101(b)

Jurisdiction:

England and Wales

Citing:

CitedHanlon 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 . .
CitedCrean 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. . .
CitedPittalis 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 . .
CitedGraysim 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

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