The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’.
Held: Judge Marshall said that it did not, because the receipt of hot water by the tenants from the boiler did not amount to their ‘use’ of the boiler house.
Citations:
[2007] 1 EGLR 121
Statutes:
Leasehold Reform Housing and Urban Development Act 1993
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 31 December 2022; Ref: scu.652377
