Woodruff v Hambro and others
Woodruff v Hambro and others
- 1991
- Estates Gazette (1991) 12 EG 63-66(3) .
CA 14 November 1990. Appeal by Woodruff (W) against a cc decision dismissing a preliminary issue on an originating application seeking certain declarations in regard to improvements under Leasehold Reform Act 1967 s20 . Premises consisted of a house divided into two maisonettes. The property is defined as a house under the 1967 Act. One maisonette was occupied by a statutory tenant and the other by W. A 99- year lease was assigned in 1891. In 1976, the unexpired residue of the lease of the whole house was assigned to W. In 1975, W entered into agreement with landlord respondent (H) to surrender existing lease of the whole house subject to and with the benefit of the sub-tenancy and in return (H) would grant him a new lease of his maisonette. In 1988, W issues two notices to H; the first claiming freehold of both maisonettes and the second claiming a reduction in the rateable value of the premises on the basis of improvements carried out. W made an objecting application to cc under s2
ENTITLEMENT
FREEHOLD
LEASEHOLD ENFRANCHISEMENT
LONG LEASES
CA 14 November 1990. Appeal by Woodruff (W) against a cc decision dismissing a preliminary issue on an originating application seeking certain declarations in regard to improvements under Leasehold Reform Act 1967 s20 . Premises consisted of a house divided into two maisonettes. The property is defined as a house under the 1967 Act. One maisonette was occupied by a statutory tenant and the other by W. A 99- year lease was assigned in 1891. In 1976, the unexpired residue of the lease of the whole house was assigned to W. In 1975, W entered into agreement with landlord respondent (H) to surrender existing lease of the whole house subject to and with the benefit of the sub-tenancy and in return (H) would grant him a new lease of his maisonette. In 1988, W issues two notices to H; the first claiming freehold of both maisonettes and the second claiming a reduction in the rateable value of the premises on the basis of improvements carried out. W made an objecting application to cc under s2
ENTITLEMENT
FREEHOLD
LEASEHOLD ENFRANCHISEMENT
LONG LEASES