The plaintiff came to own two adjoining houses, let on long leases at low rents. She sought to use the legislation to enfranchise one property. The landlord objected saying that the houses had been used as guesthouses, and that a door had been opened up between them. They had come to be rated as one property.
Held: The house was structurally independent, and occupied as a dwellinghouse, and the section was complied with. It was not particularly useful to seek to import ideas from the Rent Acts. Three considerations applied, the separate leasehold interests, use as a residence, and being structurally separate.
Judges:
Lord Denning M.R., Phillimore and Cairns L.JJ.
Citations:
[1971] 1 WLR 99
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Lake v Bennett CA 1970
The building had been constructed in 1869. It was used as a house on three floors with a basement. The ground floor was later used as a shoe repairing shop and then as a betting shop with living accommodation still used for dwelling purposes in the . .
Cited – Peck v Anicar Properties Ltd CA 15-Oct-1970
The tenant owned two leasehold properties, which had been joined into one. The tenant sought enfranchisement of only one of the properties to avoid being blocked by the rateable value limit, and by 2(2). . .
Cited by:
Cited – Malekshad v Howard De Walden Estates Limited CA 23-May-2001
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 June 2022; Ref: scu.174080
