‘Materiality under the section ‘must mean material to the tenant or to his enjoyment of the house.’
Judges:
Stephenson LJ
Citations:
[1973] 1 WLR 845
Statutes:
Leasehold Reform Act 1967 2(2)
Jurisdiction:
England and Wales
Cited by:
Doubted – Malekshad v Howard de Walden Estates Limited HL 5-Dec-2002
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed.
Held: The vertical division meant that the two houses could not be enfranchised as one under . .
Appeal from – Parsons v Trustees of Henry Smith’s Charity; Parson v Gage HL 1974
The House left open the exact meaning of the phrase ‘material’ in the section noting that whether a part is material is an issue which must be largely factual and one of common sense. The legislative purpose of the rule that divisions of the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 April 2022; Ref: scu.192023
