The right balance
Rees, N.
The right balance - 2004 - Estates Gazette (0441) 9 October 2004, 148-149(2) .
Reviews the enfranchisement rights of tenants of live/work units but warns that the right can be lost if sufficient business use is required under a user clause. Describes the development of the live/work concept and its bearing on current tenants' rights to enfranchise. Tenants need to know what live/work means as it affects the way they can use their premises and indirectly impinges on their right to enfranchise. In "Bishopsgate Foundation v Curtis" (LCCC, 3 September 2004,Abs68451) the court decided that the wording live/work meant live and/or work at the time that the lease was granted and thus the tenant (C) qualified under the terms of the Leasehold Reform, Housing and Urban and Development Act 1993 to a new 90-year lease. In planning terms however, the meaning of live/work appears to have moved from live and/or work to live and work. Provides a checklist for enfranchisement.
ENFRANCHISEMENT
TENANTS
BISHOPSGATE FOUNDATION V CURTIS
USER CLAUSES
BUSINESS USE
LIVE/WORK UNITS
The right balance - 2004 - Estates Gazette (0441) 9 October 2004, 148-149(2) .
Reviews the enfranchisement rights of tenants of live/work units but warns that the right can be lost if sufficient business use is required under a user clause. Describes the development of the live/work concept and its bearing on current tenants' rights to enfranchise. Tenants need to know what live/work means as it affects the way they can use their premises and indirectly impinges on their right to enfranchise. In "Bishopsgate Foundation v Curtis" (LCCC, 3 September 2004,Abs68451) the court decided that the wording live/work meant live and/or work at the time that the lease was granted and thus the tenant (C) qualified under the terms of the Leasehold Reform, Housing and Urban and Development Act 1993 to a new 90-year lease. In planning terms however, the meaning of live/work appears to have moved from live and/or work to live and work. Provides a checklist for enfranchisement.
ENFRANCHISEMENT
TENANTS
BISHOPSGATE FOUNDATION V CURTIS
USER CLAUSES
BUSINESS USE
LIVE/WORK UNITS