Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005

The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from the right to collective enfranchisement because his flat ‘forms part of the housing accommodation provided by (the Appellant) in the pursuit of its charitable purposes’ within the meaning of section 5(2)(b) of the Act.
Held: The provision of the long term leaseholds was not part of the charity’s function of providing social housing, and so was not exempt: ‘The fact that the freehold owner of the blocks of flats in question is a charitable housing trust, and that some flats in the blocks are let by it in the pursuit of its charitable objects, does not disqualify the participating tenants from the right to collective enfranchisement.’
[2005] EWHC 1650 (QB), Times 30-Aug-2005
Leasehold Reform, Housing and Urban Development Act 1993 5(2)
England and Wales
CitedCadogan v McGirk CA 25-Apr-1996
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 . .

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Updated: 10 February 2021; Ref: scu.229286