The claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption.
Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. The defendant relied upon her mother’s actual occupation for the year prior to the notice and her own ownership. However for seome part of the intervening period, that ownership had been under a trust, and therefore the ownership was not continuous in the sense required.
Judges:
Lord Justice Peter Gibson Lord Justice Rix Lord Justice Longmore
Citations:
[2004] EWCA Civ 799, Times 28-Jul-2004, [2005] Ch 142, [2004] 4 All ER 407, [2005] 2 WLR 257
Links:
Statutes:
Commonhold and Leasehold Reform Act 2002, Leasehold Reform Housing and Urban Development Act 1993 10
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 13 October 2022; Ref: scu.198407
