Gratton-Storey v Lewis and another
Gratton-Storey v Lewis and another
- 1987
- Estates Gazette 283(6353) 26 September 1987, 1562-1565(2) .
CA 24 July 1987. Appeal against County Court decision granting the plaintiff`s (G) application that the appellants (L) were not entitled to acquire an outstanding leasehold interest under the Leasehold Reform Act 1967 . The freeholders, the Crown Estate Commissioners had granted a lease to G who had granted an underlease which, with licence, was assigned to L. L acquired the freehold and applied for a valuation of G`s immediate leasehold interest in order that they might acquire the outstanding interest. The County Court decided that L were not entitled to acquire the interest. L appealed. In CA it fell to the judge to determine the meaning of the Leaehold Reform Act. It was not felt that the Act could be construed as intended by L - that the acquiring tenant would already own the fee simple and sought only to acquire an intermediate leasehold; the Act did not give L a separate right to acquire the intermediate interest. Appeal dismissed.
ACQUISITION
ASSIGNMENT
LEASEHOLD ENFRANCHISEMENT
CA 24 July 1987. Appeal against County Court decision granting the plaintiff`s (G) application that the appellants (L) were not entitled to acquire an outstanding leasehold interest under the Leasehold Reform Act 1967 . The freeholders, the Crown Estate Commissioners had granted a lease to G who had granted an underlease which, with licence, was assigned to L. L acquired the freehold and applied for a valuation of G`s immediate leasehold interest in order that they might acquire the outstanding interest. The County Court decided that L were not entitled to acquire the interest. L appealed. In CA it fell to the judge to determine the meaning of the Leaehold Reform Act. It was not felt that the Act could be construed as intended by L - that the acquiring tenant would already own the fee simple and sought only to acquire an intermediate leasehold; the Act did not give L a separate right to acquire the intermediate interest. Appeal dismissed.
ACQUISITION
ASSIGNMENT
LEASEHOLD ENFRANCHISEMENT