Lewis-Graham and Another v Conacher
Lewis-Graham and Another v Conacher
- 1992
- Estates Gazette (1992) 02 EG 171-172(2) .
CA 28 October 1992. The appellant (C) had held the tenancy of a house with extension, but at the times of receiving a notice to quit from the landlord, was engaged in building a wall in place of two connecting internal doors. The `granny flat` was served by common power and water supplies, though as it had its own front door, the two subsequently sealed doors were kept locked. At issue was whether the building was one or had become two, with the validity of the notice resting on the decision. The trial judge had considered the building to be one as the division of the premises was not complete and therefore the notice stood. On appeal the court recognised the case was borderline, but the trial judge was competent to decide as he did. The tenancy was not protected, and therefore, under the Rent Act 1977 s12 did not become a statutory tenancy. The appeal was dismissed.
ADJOINING DWELLINGS
BUILT ENVIRONMENT-BUILDING ELEMENTS-COMPLETE BUILDING ELEMENTS-WALLS-INTERNAL WALLS AND PARTITIONS
RENT ACT 1977 S12
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 28 October 1992. The appellant (C) had held the tenancy of a house with extension, but at the times of receiving a notice to quit from the landlord, was engaged in building a wall in place of two connecting internal doors. The `granny flat` was served by common power and water supplies, though as it had its own front door, the two subsequently sealed doors were kept locked. At issue was whether the building was one or had become two, with the validity of the notice resting on the decision. The trial judge had considered the building to be one as the division of the premises was not complete and therefore the notice stood. On appeal the court recognised the case was borderline, but the trial judge was competent to decide as he did. The tenancy was not protected, and therefore, under the Rent Act 1977 s12 did not become a statutory tenancy. The appeal was dismissed.
ADJOINING DWELLINGS
BUILT ENVIRONMENT-BUILDING ELEMENTS-COMPLETE BUILDING ELEMENTS-WALLS-INTERNAL WALLS AND PARTITIONS
RENT ACT 1977 S12
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES