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Parsons v Trustees of Henry Smith’s Charity: CA 1973

‘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:

DoubtedMalekshad 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 fromParsons 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

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